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Navigating a PTAB Deposition

In post-grant patent trials under the Leahy–Smith America Invents Act (AIA), limited discovery and techsavvy judges magnify the importance of deposition practice. Indeed, the first five years of post-grant trials have shown that PTAB judges often read transcripts from cover to cover and rely on cross-examination testimony to support their decisions. Therefore, PTAB counsel must be prepared to make the most of depositions while being mindful of an increasingly complex web of statutes, rules, and other guidance. This article will provide an overview of that authority and the nuanced body of related case law that has emerged over the first five years of post-grant trials before the PTAB.


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