5 Ways to Defeat Deposition Abuse
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
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
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
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
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
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
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
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
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
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
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
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
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
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
?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
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
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
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
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
An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline....more
When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that...more
In a world where the overwhelming majority of cases never make it to trial, depositions take on outsized importance. They will almost certainly be the only in-person testimony either party has the opportunity to elicit and...more
Have you been on the receiving end of opposing counsel's abuse during a deposition?
This short video discusses the most common abuses attorneys experience during depositions, and gives you 5 ways to effectively deal with...more
Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR. On occasion, however, parties to an IPR have used previously generated declarations in support their positions. In...more
In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more
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