Drafting the expert declaration is another critical task for
Patent Owners during the
inter partes review
( IPR ) discovery period. As noted in our previous post, IPR expert witnesses provide
declarations as affirmative testimony in lieu of live testimony
before the Board at the hearing. Because the expert witness will
not be able to provide live testimony before the Board, expert
declarations are the final evidence of the experts opinions,
as there is no opportunity to correct misstatements or mistakes.
Due to the procedural schedule of the IPR system, Patent Owners
have the unique opportunity to file their expert declarations
after deposing Petitioners experts, providing a