Marathon Cross Examination


In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioner’s expert witness for a total of 14 hours, in view of the fact that there were four separate petitions challenging three patents.  The petitioners objected.  The Board noted that unless stipulated by the parties or ordered by the Board, cross-examination shall be subject to a seven hour time limit. 37 C.F.R. § 42.53(c)(2). However, as the patent owner noted, the petitioner’s expert was a declarant in four proceedings, i.e., IPR2013-00478, IPR2013-00479, IPR2013-00480, and IPR2013-00481. The Board concluded that the patent owner’s request for more than seven hours was reasonable, and granted patent owner up to fourteen hours for cross-examination.

Topics:  Cross Examination, Facebook, Patent Litigation, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology 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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