Gathering Evidence In IP Suits: The Thin Line Between Interrogatories And Cross-Examinations

There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations.

Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. Various types of discovery can be used in a suit, such as interrogatories, depositions, subpoenas, requests for production of documents, and inspection. Cross examination is the process of questioning witnesses by the opposite party.

This note discusses two specific types of evidence-gathering methods employed in IP suits, i.e., interrogatories and cross-examinations, differences between which the Delhi High Court highlighted in an IP decision recently.