Admissibility of Evidence from Post-Grant Proceedings In District Court Trials

Courts are increasingly excluding all evidence relating to post-grant proceedings before the PTAB, except when it is used for impeachment. This article reviews recent decisions on this issue from some of the nation's busiest patent districts.

10 minute readJune 01, 2021 at 12:11 AM
By
Richard S.J. Hung, Alex S. Yap
Stephen J.H. Liu
Admissibility of Evidence from Post-Grant Proceedings In District Court Trials

District courts generally have broad discretion in determining what materials may be presented during trial, with evidentiary rulings reviewed for abuse of discretion. Consistent with this principle, the Federal Circuit

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