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ARTICLE · 14 AUGUST 2015

PTAB Grants (In Part) Request To Submit Video Deposition Testimony

Duane Morris LLP
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Inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Trademark Office (USPTO) are similar in some ways to traditional patent trials in district courts...

United StatesIntellectual Property
Duane Morris
Duane Morris
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Inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Trademark Office (USPTO) are similar in some ways to traditional patent trials in district courts, and they are different in other ways. Unlike patent trials in federal court which are conducted before a judge and/or jury, IPR trials are conducted before a panel of administrative law judges and focus mainly on written testimony rather than live testimony or prerecorded video testimony. A recent PTAB ruling (paper #23 in IPR2014-00878, available at https://ptabtrials.uspto.gov/) highlights some of the issues regarding the use of video testimony in IPRs and serves as a reminder regarding the importance of preparing an expert well for an IPR deposition.

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