The PTAB recently published a first substantive update to the AIA Trial Practice Guide (TPG) since 2012, providing guidance about trial practice before the Board. The USPTO published the original TPG in August 2012, concurrent with the promulgation of the AIA Trial Rules. The recent update provides guidance on several topics, including:
- the use of expert testimony;
- considerations in instituting review;
- word counts and page limits;
- availability of replies and sur-replies;
- the distinction between motions to exclude and motions to strike, and the proper use of each;
- procedures for oral hearing before the Board, including the use of live testimony, sur-rebuttal, and default time for the hearing; and
- providing for a pre-hearing conference and potential early resolution of issues.
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