Kilpatrick Townsend

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An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

IP Watchdog

September 13, 2020

Written by Kristin J. Doyle

It seems manifestly unjust that a petitioner can publicly condemn a patent as obvious, yet not be forced to disclose evidence documenting that, behind closed doors, the petitioner behaved in a manner (i.e., copied/applauded the patented technology) that suggests a contrary belief.

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Kristin J. Doyle

kdoyle@ktslaw.com