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Precedential: Live Testimony Not Permitted Absent Prior Declaration

Precedential: Live Testimony Not Permitted Absent Prior Declaration

by Matthew Johnson | Apr 1, 2019 | PTAB Trial Basics

By Kenny Luchesi 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, Inc. v. MedIdeam LLC, Case...
Precedential Opinion Provides Factors  For Deciding Whether To Allow Live Testimony

Precedential Opinion Provides Factors For Deciding Whether To Allow Live Testimony

by Matthew Johnson | Mar 29, 2019 | PTAB Trial Basics

By Sue Gerber and Matt Johnson 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 Electronics,...
Live Testimony Offered — Board Says “No, Thank You”

Live Testimony Offered — Board Says “No, Thank You”

by Matthew Johnson | Feb 11, 2017 | Evidentiary Issues

By Matt Johnson The Patent Trial and Appeal Board’s Trial Practice Guide, 77 Fed. Reg. 48756, includes discussions of types of discovery that may come into play in post-grant trials, including the possibility of live testimony. The Guide states that...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.