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Evidence at the PTAB: Evolving Standards, New Precedential and Informative Decisions

Best Practices for Submitting and Challenging Evidence in PTAB Proceedings

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, July 23, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will guide patent counsel through the evolving evidentiary standards at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). The panel will examine decisions recently designated as precedential or informative and their impact on the standards. The panel will offer practical tips for submitting and challenging evidence in PTAB proceedings.


In the past few months, the PTAB has designated a handful of decisions relating to evidentiary standards as precedential or informative. In particular, beginning with its decision in Hulu L.L.C. v. Sound View Innovations, the PTAB has designated a flurry of decisions as either precedential or informative to clarify what constitutes a printed publication. Most recently, on April 7, 2020, the PTAB designated four cases informative for their printed publication holdings.

The PTAB’s evolving evidentiary standards have often been a challenge for patent owners and petitioners. Patent counsel must understand the implications of recent precedential and informative decisions on the PTAB’s evidentiary standards.

Listen as our authoritative panel of IP attorneys examines the evolution of evidentiary standards and the recent clarifications the PTAB has provided. The panel will examine recent decisions, including decisions designated as either precedential or informative, and highlight the impact for patent owners and petitioners. The panel will also provide guidance for navigating evidentiary issues and applying the current standards at the PTAB.



  1. Evidence at the PTAB
  2. Recent informative decisions
  3. Practical guidance
    1. Submitting evidence
    2. Challenging evidence


The panel will review these and other priority issues:

  • How have the PTAB evidentiary standards evolved over the past few years?
  • What lessons can patent counsel draw from recent decisions when assessing evidence?
  • What best practices should counsel employ when submitting evidence at the PTAB? When challenging evidence?


O'Brien, Christopher
Christopher R. O'Brien

Sterne Kessler Goldstein & Fox

Mr. O’Brien’s practice focuses on developing a deep understanding of a broad range of technologies and...  |  Read More

Roadcap, David
David W. Roadcap, Ph.D.

Sterne Kessler Goldstein & Fox

Dr. Roadcap has extensive experience both in the preparation and prosecution of patents and in litigation matters. His...  |  Read More

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