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APJs Confirm a Deposition Protocol
| July 25, 2014
The issue of when an attorney defending a deposition in an IPR proceeding may privately speak with his or her witness arose this week in Focal Therapeutics v. Senorex (IPR2014-00116).
According to counsel for the Patent Owner, when he had concluded his cross-examination of the Petitioner’s expert witness, “Petitioner’s counsel initiated a private conference with his witness to discuss his redirect testimony.” Evidently, counsel for the Patent Owner complained and the parties sought clarification from the APJs. The question posed was whether during the specific period – after cross-examination concluded, but before redirect questioning has begun – may the defending attorney privately confer with the witness.
Category: Discovery
