PTAB Makes Order On Witness Consult Timing Precedential

Law360 (July 11, 2019, 2:44 PM EDT) -- The Patent Trial and Appeal Board on Wednesday designated as precedential a 2014 order allowing attorneys to confer with witnesses after cross examination but before redirect.

Asked by SenoRx Inc. if the board's guidelines called for cross examination to officially end after the initial cross examination, or after redirect and recross, the PTAB concluded it officially ends after the initial examination. This allows attorneys to confer with their witnesses before heading to redirect during depositions.

SenoRx, the company whose patent was being challenged, raised the question because it said the board's Testimony Guidelines weren't clear enough. The guidelines say that the attorney conducting...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!