Law360, New York ( July 23, 2014, 10:38 AM EDT) -- Since inter partes review proceedings were made available in 2012, the U.S. Patent and Trademark Office has received more than 1,200 petitions, and post-grant review proceedings have become, more than ever, de rigeur.[1] Evidence that the patent office has granted a petition for post-grant review (or, in some instances, has canceled claims) is exactly the type of evidence that accused infringers would relish to put before a jury to rebut not only the patentee's assertions of patent validity, but also claims of willful and induced infringement. However, until recently, courts have routinely excluded post-grant review evidence from jury trials, either as irrelevant or as more prejudicial than probative under Rule 403 of the Federal Rules of Evidence....
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