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ARTICLE · 21 SEPTEMBER 2016

Who Gets The Last Word?

Typically the party with the burden of proof has the final opportunity to argue in an IPR.

United StatesIntellectual Property

Typically the party with the burden of proof has the final opportunity to argue in an IPR.  In most situations, this means the Petitioner, as the party bearing the ultimate burden of proving unpatentability, is afforded the last word.  This is true during the initial briefings where the Petitioner argues last with their Petitioner’s reply to Patent Owner’s response.  This is also true later during the oral hearings where the Petitioner is allowed to reserve time for rebuttal. 

One instance during the IPR where the Patent Owner argues last is with a motion to amend, where the Patent Owner is given the opportunity to argue last because it carries the burden of proving patentability of the amended claims.   

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