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Many people are surprised to find out that PTAB trials have a very different oral argument than in district court. A lot of attorneys were surprised to find out that there is no live testimony in a PTAB trial, typically. It’s the rare exception, rather than the rule. Really, PTAB final arguments are based on the record. They’re very much more akin to an appeal in ex parte prosecution proceeding than they are a typical district court final argument. Therefore, all the more reason for having competent patent counsel when representing a party in front of the PTAB.
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Minneapolis patent attorney Tim Bianchi explains how final arguments often work in PTAB trials.