Updates To The PTAB Trial Practice Guide Memorialize Current Practices While Leveling The Playing Field For Patent Owners

The Patent Trial and Appeal Board (PTAB) issued an August 2018 update to the American Invents Act Trial Practice Guide (the "Updated TPG").  The Updated TPG incorporates the PTAB's current practices and provides further explanation of certain aspects of the PTAB's standard practices to the public.  Most significantly, the Updated TPG abolishes "observation" practice and replaces it with sur-reply brief practice.

The sections of the Updated TPG include:

Expert Testimony (Section I.G)

This section summarizes the PTAB's current practices regarding the appropriate form and use of expert testimony and how the qualifications of an expert are to be assessed.  Notably, "[e]xpert testimony may be submitted with the petition, preliminary response, and at other appropriate stages in a proceeding as ordered or allowed by the panel overseeing the trial" and is "presented in the form of an affidavit or declaration."  Updated TPG, at 2-3.  Moreover, "[e]xpert testimony may