ziploc, your observation coincides with MRK’s mixed results at the BPAI and my own observations when I was a member of that Board in 1983-1986 before leaving to enter private practice. But that was long ago. The Undersecretary of Commerce annual report to Congress, budget hearings, may still have statistics on Board results in reexamination proceedings.
One of my last, and longest, cases as an expert witness was a jury case in Arizona. I had been deposed 4 times over a period of 25 years. The jury heard testimony on who was the 1st inventor of the subject matter in the claims of the plaintiff’s patent. The jury found the accused infringer’s witness was the 1st inventor. The Board had found likewise. Both asserted inventors had testified by way of deposition before the Board. The accused infringer’s inventor witness testified at trial. The jury heard no new testimony from the inventor named on plaintiff’s patent because he was dead. Both parties submitted documentary evidence to support respective inventor testimony. I think the parties settled.
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