New Precedent Clarifies Previous Uncertainty

Discussing testimony with a witness during a PTAB deposition is a “no-no”….kinda. The Trial Practice Guide (Appendix D) makes clear that counsel may not confer with its witness while under cross-examination. Panels have issued conflicting decisions on whether that prohibition extends to redirect testimony occurring after cross-examination is complete.

In a precedential designation today of a 2014 case, Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), the Board settled that question.
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