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In its third PGR institution decision, the PTAB provided its first guidance regarding witness testimony to support a showing of prior public use or sale in PGRs.  The decision is a cautionary tale that the PTAB strongly prefers corroboration of witness testimony, much like the corroboration required during interference proceedings.  This is not a surprise, given that the PTAB and its predecessor also presided over interference proceedings.  Thus, uncorroborated witness testimony, alone, will not be sufficient to show prior public use or sale. Netsirv v. Boxbee, Case PGR2015-00009, Paper No. 10 (August 4, 2015).
Continue Reading Petitioners Should Heed the PTAB’s Preference for Corroborated Witness Testimony