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Working with experts in the PTAB: Work product protection

There are differences in how to handle the three ways inquiry into attorney-expert communications may arise

Let’s say you are litigating an inter partes review before the Patent Trial and Appeal Board (PTAB). Should you be worried your communications with a testifying expert are discoverable?

Although the PTAB has not directly addressed the question, the Federal Rules of Civil Procedure dictate that such communications are protected. Of course, that rule applies only to federal district court litigation. How would it play in the PTAB?

Contributing Author

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John L. Strand

John Strand focuses his practice on the enforcement and defense of intellectual property rights in patents, trademarks, and domain names. He has assisted clients in...

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