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Expert Analysis

Expect PTAB To Deny Your Motions To Exclude Evidence

Law360, New York ( August 13, 2014, 10:14 AM EDT) -- There is one constant among the Patent Trial and Appeal Board's process in inter partes reviews: It is unlikely to grant a motion to exclude evidence. The number of denied motions might actually be lower, effectively, because a significant number of motions are denied "as moot." That is, the motion is denied because the PTAB did not rely on the exhibit in the ultimate decision. In those cases, the motion to exclude might have influenced the PTAB's willingness to use that exhibit. Another implication of this pattern is that parties can submit evidence more freely than they might in federal court because there is such a small likelihood that the exhibit will be excluded....

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