In Medtronic, Inc. v. Endotach, LLC, the Patent Trial and Appeal Board (PTAB) rejected a patent owner’s attempt to limit the scope of the deposition of its witness to the documents discussed or cited in the witness’s declaration.  IPR2014-00453, Paper 32 (Aug. 28, 2014).

After receiving a deposition notice indicating that the petitioner intended to possibly use certain documents during a deposition of the patent owner’s witness, the patent owner requested a conference call with the Board.

Because the documents at issue (including a declaration the witness filed in district court and three U.S. patents), were not discussed … Continue Reading