Lost (without) the Translation


In Wintek Corporation v. TPK Touch Solutions, Inc., IPR2013-00567, Paper  40, IPR2013-00568, Paper 41 (August 28, 2014), when petitioner arrived at the deposition of patent owner’s expert, it was surprised to find that the witness, who provided an English declaration, needed a translator.  The patent owner thoughtfully provided one, but petitioner wanted its own translator as a double check.  This could not be arranged on short notice, and the witness was not aviable for another deposition in the U.S. in the near future.  The parties approached to the Board for guidance, and the petitioner wanted reimbursement for its wasted costs.   The Board told the parties to work things out, and authorized the petitioner to move for its deposition costs if agreement could not be reached.

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