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...

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November 1, 2013

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