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Holland & Hart - Your Trial Message

Assess Whether Your Witness Is Able to Counterpunch

Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more

Jones Day

PTAB Grants Rare Request For Live Witness Testimony In IPR

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While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that...more

McDermott Will & Emery

PTAB Clarifies when Live Testimony at Oral Argument Is Permitted, and Motion to Amend Practice

The Patent Trial and Appeal Board (PTAB) designated as precedential four decisions addressing America Invents Act proceedings and issues of live testimony at oral argument and motions to amend under 35 USC § 316(d)....more

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Precedential: Live Testimony Not Permitted Absent Prior Declaration

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In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products,...more

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Precedential Opinion Provides Factors For Deciding Whether To Allow Live Testimony

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Generally, the PTAB does not allow live testimony at oral argument, but recently it designated one of its 2014 decisions as precedential to give guidance as to when the Board will allow live testimony at oral argument. K-40...more

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