A Picture is Worth 1000 Words — Video Depositions

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In BioMarin Pharmaceutical Inc. v. Genzyme Therapeutic Products Limited Partnership, IPR2013-00534, Paper 32, IPR2013-00537, Paper 31 (April 11, 2014), the patent owner sought to take video cross examination of the petitioner’s experts.  The Board said that by recording the deposition, Patent Owner is only preserving an opportunity for the panel to review the video, and authorized the video taping of the depositions at Patent Owner’s expense. The board pointed out that the authorization did not extend to the filing of the video-taped deposition transcripts, for which separate authorization is required under 37 C.F.R. § 42.53.

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