In K-40 Electronics, LLC v. Escort, Inc., IPR2013-00203, Paper 36 (May 30, 2014), the Board reconsidered and\u00a0modified its previous order allowing live testimony of the inventor.\u00a0\u00a0On the patent owner’s motion, the Board previous ordered that the inventor live testimony would be received, consisting of\u00a030 minutes of cross-examination by\u00a0petitioner, followed by 30 minutes of redirect by\u00a0patent owner.\u00a0 The\u00a0petitoner objected to this arrangement, arguing that it had nothing new to ask the inventor.\u00a0 The Board rearraged the hearing so that the patent owner was allowed up to 30 minutes of direct testimony, followed by up to 30 minutes of cross examination by petitioner, with the Petitioner being entitled to use ot to 30 minutes of video recording of Mr, Orr’s deposition testimony.<\/p>\n
While it is encouraging to see the Board allow for alternative hearing formats,the value os such live testimony is dubious, since the direct testimony “will be strictly limited to his declaration testimony,” and it puts petition in a awkward position of having to desigate cross examination testimiony in advnace of the direct testimony.\u00a0 It wil be interesting to see how the June 17, 2014, final hearing goes.<\/p>\n
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In K-40 Electronics, LLC v. Escort, Inc., IPR2013-00203, Paper 36 (May 30, 2014), the Board reconsidered and\u00a0modified its previous order allowing live testimony of the inventor.\u00a0\u00a0On the patent owner’s motion, the Board previous ordered that the inventor live testimony would … Continue reading