Expert Discovery Protections: Comparing District Courts with the PTAB  

June 25, 2020
PTAB Bar Association Law Journal

In the latest edition of the PTAB Bar Association Law Journal, Dechert IP litigators Katherine A. Helm, Blaine M. Hackman and Vi Tran compare the protections governing the disclosure of expert testimony in discovery in district courts and at the PTAB and note important evidentiary distinctions and traps for the unwary.

Expert witness testimony can be critical in patent litigation in all forums. In Patent Trial and Appeal Board (“PTAB”) proceedings, particularly inter partes review (“IPR”) and post-grant review (“PGR”), expert testimony through declarations and depositions plays a central role in both challenging and defending patents. In district courts, live expert testimony is key to proving infringement and invalidity. Accordingly, the legal protections governing the disclosure of expert testimony in discovery in both forums are carefully proscribed, but with notable distinctions.

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