Monday, June 9, 2014

Expert’s Testimony Given “Substantial Weight” Despite Purported “Bias Against Patent System”

In a final written decision, the Board rejected the patent owner's argument that the Board should give a declarant's testimony "less weight" because the declarant was hostile to the patent system. "[The patent owner] argues that [the petitioner's declarant] has 'hostility towards the patent system' and is a member of the Electronic Frontier Foundation (EFF), which shows a 'level[] of bias that should be more than sufficient to raise concerns about his qualifications to serve as an unbiased technology expert.' We have reviewed [the petitioner's] curriculum vitae and find that he is well qualified to testify regarding the matters addressed in his declaration Indeed, [the patent owner's] declarant . . . testified that [the petitioner's declarant] is a 'top cryptologist' and has a 'great reputation as a cryptologist.' . . . [W]e find [the expert's] testimony persuasive and give it substantial weight. We do not give it less weight based on a purported bias against patents in general."

Petition for Inter Partes Review by Apple Inc., IPR2013-00080 (PTAB June 2, 2014, Order) (Arbes, APJ)

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