Rather than resist preliminary-stage discovery, Petitioners instead should say “Bring it on!”
As I suggested in an earlier post, Patent Owners’ ability to introduce new declaration evidence with a preliminary response is unlikely to help them avoid trial. I doubt the Board will deny a Petitioner the relief requested on the untested evidence of a Patent Owner witness, however persuasive that evidence may appear.… More
Tag Archives: deposition
Answering “I Don’t Know” To a Pivotal Question on Cross
In Silicon Laboratories v. Cresta (IPR2014-00809), both parties relied heavily upon expert testimony to construe key claim terms. Petitioner Silicon Laboratories proffered an expert Declaration with their Petition and second expert Declaration (same expert) with their Reply. The Patent Owner, Cresta Technology, filed an expert Declaration with their Response. Both experts were deposed and the deposition transcripts were submitted as evidence.… More
Declarations Won’t Help Patent Owners in the Preliminary Response, but Depositions Might
There has been much discussion about whether Patent Owners should have the right to submit new testimonial evidence with the preliminary response. The patent office has officially proposed just such a rule and is considering public comments as part of the rulemaking process (update: the new rules are here and authorize preliminary declarations). Patent Owners may, in theory,… More