Petroleum Geo-Services Inc. v. WesternGeco LLC
In an order regarding deposition times for expert witnesses in
three related inter partes reviews (IPRs), the U.S. Patent
and Trademark Office's Patent Trial and Appeal Board (PTAB or
Board) ruled that total deposition time may be reduced relative to
the total time that would be available in three unrelated
proceedings. Petroleum Geo-Services Inc. v. WesternGeco
LLC, Case Nos. IPR2014-00687; -00688; and -00689 (PTAB, Jan.
21, 2015) (Daniels, APJ).
Under 37 C.F.R. § 42.53(c), each deposition in a proceeding
may include seven hours of cross-examination, four hours of
redirect examination and two hours of recross. The patent
owner requested each expert witness be available for the full
allowable time given the existences of three separate
proceedings—a total of 39 hours. After petitioner
sought relief, the PTAB ruled that, because the three patents at
issue here were related as continuations of the same application,
