Live Testimony Offered — Board Says "No, Thank You", <i>PTAB Litigation Blog</i>

Live Testimony Offered — Board Says "No, Thank You", PTAB Litigation Blog

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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 "[d]iscovery is a tool to develop a fair record and to aid the Board in assessing the credibility of witnesses." The Board seeks to regulate discovery so that it is "focused on what the parties reasonably need to [litigate] the grounds raised" and no more in order to "streamline the proceedings" and limit burdens placed on the parties.

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