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

 

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