PTAB Strategies and Insights - July 2018: The Board Opines On Where The Line Is On Sanctionable Behavior During Deposition

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Following up on our article on depositions the Board recently denied a motion for sanctions by the Patent Owner, which alleged that the Petitioner’s questioning during deposition exceeded the scope of the witness’s declaration. The Board found that “Petitioner’s attempts to elicit testimony regarding [new evidence], while inartful, did not rise to the level of sanctionable conduct because they were reasonably related to [the declarant’s] direct testimony,” and the Patent Owner ultimately “suffered no harm.” (Paper 66, p. 33.)

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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