Marathon Cross Examination

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In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioer’s expert witness for a total of 14 hours, in view of the fact that there were four separte petitions challenging three patents.  The petitioners objected.  The Board noted that unless stipulated by the parties or ordered by the Board, cross-examination shall be subject to a seven hour time limit. 37 C.F.R. § 42.53(c)(2). However, as the patent owner noted, the petitioner’s expert was a declarant in four proceedings, i.e., IPR2013-00478, IPR2013-00479, IPR2013-00480, and IPR2013-00481. The Board concluded that the patent owner’s request for more than seven hours was reasonable, and granted patent owner up to fourteen hours for cross-examination.

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.