Depositions

News & Analysis as of

PTAB Orders Halt to “Speaking” Objections in Deposition

The Board continues to strongly enforce its regulations regarding the behavior of attorneys defending depositions in inter partes review proceedings. In an order entered in both Medtronic, Inc., Medtronic Vascular, Inc., and...more

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant,...

After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more

5 Things to Do Before Deposing an Expert

Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition....more

Court Reporters and Legal Videographers – using PH.D. or M.D. rather than Dr.

When finalizing a deposition transcript and corresponding with law firm clients, I believe it is a best practice to use a person’s credentials, i.e., M.D., Ph.D., behind their name, rather than the title of “Dr.” before their...more

Supplemental Information Authorization Hard to Come By

International Business Machines Corporation v. Intellectual Ventures II LLC - The Patent Trial and Appeal Board (PTAB, the Board) denied a motion by a petitioner to file a motion for supplemental information to...more

The PTAB Warns Attorney That Speaking Objections May Warrant Exclusion of Expert's Testimony

In an inter partes review Medtronic Inc. et al. v. Troy R. Norred, M.D., the Petitioner sought guidance from the Board regarding the Patent Owner's objections during the deposition of an expert appearing on behalf of the...more

Sanctions imposed for deposition conduct in Iowa, a state with “storied tradition and culture of civility.”

In a colorful opinion this week, an Iowa judge imposed sanctions stemming from a deposition. U.S. District Judge Mark Bennett was “shocked” by depositions. He felt the deposition conduct had no place in Iowa, observing: ...more

PTAB Shows a Willingness to Intervene in Deposition Disputes

Experienced district court litigators are reluctant to “call the judge” when a dispute arises during a deposition. Judges do not want to take the time to deal with mundane discovery disputes and parties do not want to get on...more

PTAB Requires Additional Showing for Cross-Examination If Testimony Was Prepared for Another Proceeding

A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a...more

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion...more

4 Preliminary Questions for Every Deposition You Take

Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Is the deponent on medication or suffering from an illness? Ask questions about...more

Court Denies Motion to Compel Deposition Testimony on Overly Broad 30(b)(6) Topics and on "Contention" Topics

In this patent infringement action brought by Trustees of Boston University ("BU"), BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which centers on light emitting diodes ("LEDs") and the...more

Corporate Representative Depositions in Texas: The Basics Explained

If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition. A corporate representative deposition is one in which the company names a person to testify...more

USTPO – When a Deposition Transcript has an Error, What Do You Do?

While reading the rules of the United States Patent and Trademark Office regarding depositions, I came across 37 CFR 2.125(b) and was very surprised to read that if there are typographical or spelling errors in a deposition...more

Failure to Make A Third Party Witness Available May Result In The Testimony Being Ignored

In the Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc., the Patent Owner moved for additional discovery to depose a third party witness whose declarations were relied upon by Petitioner in its Reply to...more

PTAB's Guidelines for Foreign Language Depositions

In the Ariosa Diagnostics v. ISIS Innovation Limited inter partes review, the PTAB set for the guidelines for taking depositions in a foreign language as required by 37 C.F.R. § 42.53(c). In addition to the requirement of...more

Coordinate Your Discovery Methods

Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods...more

USPTO – Great Information for Court Reporters and Attorneys – Swearing in a Witness

As court reporters in the patent and trademark litigation world, we are often asked to report depositions in foreign countries. One of the requests that frequently comes up is, who is going to swear in the witness? Certain...more

Business Court Resolves A Trio Of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more

Appellate Court Notes

?AC35328 - Sola v. Wal-Mart Stores, Inc. Trial court incorrectly refused to charge the jury that Walmart store had a non-delegable duty to maintain its floors in a safe condition for its patrons and could not defend a...more

Sanctions Awarded for "Train Wreck of a Deposition" Where Witness Was Evasive and Counsel Made Inappropriate Objections

In this patent infringement action between MAG Aerospace Industries, Inc. ("MAG") and B/E Aerospace, Inc. ("B/E"), MAG filed an ex parte motion as a result of conduct during a deposition. The court began its analysis of the...more

Court Affirms Taxation of Costs; Says Plaintiff Presents a “Bad Argument” (Wisconsin)

Wis. Res. Prot. Coun. v. Flambeau Mining Co., 2014 WL 3810884 (W.D. Wis. Aug. 1, 2014). In this environmental case, the plaintiff moved for review of the clerk’s ruling awarding costs to the defendant. In particular,...more

Deposition Tactics - Obstructionist Litigation

With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may...more

Practice Pointer: Leave Your Phone at Home on Deposition Day

Your deposition is scheduled to start in an hour. You're walking out your front door, about to drive to your company's lawyer's office. Your palms are beginning to sweat. You're worried you've forgotten your phone, your...more

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