Tag Archives: deposition

Petitioners Should Prefer to Lose Early

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

Answering “I Don’t Know” To a Pivotal Question on Cross

Bald businessman wearing glasses with hand on chin making funny face against gray background

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