Failure to Make IPR Declarant Available for Deposition May Result in Exclusion, PTAB Litigation Blog

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Although this seems pretty obvious, failure to make an IPR declarant available for deposition likely will cause the Board to exclude the declarant’s testimony from the trial, absent agreement of the parties or special circumstances.  In 1964 Ears, LLC. v. Jerry Harvey Audio Holding, LLC, IPR2016-00494, Order – Conduct of Proceeding (January 10, 2017), the Board authorized the Petitioner to file a motion to strike a declaration because the Patent Owner would not (or could not) make the declarant available for deposition during the time period for Petitioner’s discovery.

Read the full article at ptablitigationblog.com.