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Strategic Exclusion: Navigating Evidence Challenges in Inter Partes Review

February 25, 2025 (3 min read)

Dive into a comprehensive guide on the legal framework and strategic considerations for filing or opposing motions to exclude evidence, emphasizing the importance of understanding the Patent Trial and Appeal Board (PTAB) regulations and relevant case law. This practice note discusses key grounds for exclusion, such as authenticity, hearsay, and relevance, and highlights the procedural steps involved in inter partes review (IPR), from petition filing to final written decision. It also underscores the strategic value of motions to exclude, despite their low success rate, to challenge the admissibility of evidence and preserve objections for potential appeal. The note offers best practices for effectively navigating these motions, including focusing on critical evidence, adhering to deadlines, and preparing thorough legal arguments.

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