Analysis

Depositions At PTAB Vs. District Court: What To Know

Law360 (April 18, 2018, 6:28 PM EDT) -- Deposing an opponent’s expert witness can be an important part of America Invents Act reviews, but there are significant differences between depositions at the Patent Trial and Appeal Board and district court that can trip up the unsuspecting attorney.

Often involving close factual and technical issues, inter partes reviews and other AIA reviews at the PTAB can sometimes turn into a battle of the experts, whose testimony almost always goes to the heart of the case.

But the PTAB almost never allows live testimony at hearings, which means depositions are often the only chance for litigants to ask questions of the...

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