FLIR Systems, Inc. v. Leak Surveys, Inc.
In an order issued after a post-conference call order, the U.S.
Patent and Trademark Office's (USPTO) Patent Trial and Appeal
Board (PTAB or Board) denied patent owner's request to file a
motion seeking sanctions, suggesting a motion to exclude as a way
to handle potentially inappropriate witness-coaching arising in the
course of deposition testimony. FLIR Systems, Inc. v. Leak
Surveys, Inc., Case Nos. IPR2014-00411 and -00434 (PTAB, Feb.
10, 2015) (McKelvey, APJ).
During a conference call with the Board, the patent owner
suggested that inappropriate witness coaching may have occurred in
a witness deposition after cross-examination but before redirect.
The patent owner claimed, and counsel for the petitioner agreed,
that during cross-examination of a witness, unexpected testimony
came to light. At the conclusion of the cross-examination, a
30-minute recess was taken and off-the-record discussions took
place between the
