Law360: Squires, Stewart Zero In On PTAB’s Burden Of Proof At Panel

The leaders of the US Patent and Trademark Office asked intellectual property experts to wade into debates over the Patent Trial and Appeal Board, and O’Melveny partner Ben Haber said: “I think technically trained judges are much more capable of digging into the facts and really getting down to the nitty-gritty, and so you don't have to necessarily rely on a presumption to make sure that we get to the right answer.” He added that PTAB panels “are much more capable of getting to the right decision, and I don't think that that decision needs to be guided by a presumption.”

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