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The U.S. Patent and Trademark Office's Patent Trial and
Appeal Board (PTAB) recently grappled with the admission into
evidence of expert deposition testimony that was presumably harmful
to the petitioner in an
inter partes review
(IPR), and barred the testimony from coming into evidence.
In
Axonics Modulation Technologies, Inc. v. Medtronic, Inc.,
Cases IPR2020-00678, IPR2020-00680, IPR2020-00712, Paper 22 (April
9, 2021), the petitioner elected to depose patent owner's
expert, but then declined to submit the transcript as an exhibit to
the petitioner reply. The patent owner then attempted to