Lost in the Translation: Deposing Translators

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In NHK Seating of America, Inc. v. Lear Corporation, IPR2014-00115,Paper 27, (July 1, 2014), the patent owner objected to petitioner’s translation of one of the exhbiits, so the petitioner sought to file a new translation.  The Board granted the motion, and the Patent Owner wanted to depose the translator, arguing that the translation was accompanied by a declaration of the translator; and thus, the deposition of the translator was covered by the rule allowing cross-examination of affidavit testimony. 37 C.F.R. 42.51(1)(ii).  The Board agreed with the patent owner, but encouraged the parties to confer before the deposition

 

Topics:  Patent Litigation, Patents, Translations

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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