As a Patent Owner in an instituted
Inter Partes Reviews
( IPR ), one of the first and most critical tasks before
you is deposing the Petitioner s witnesses, including its
experts. But approaching an IPR deposition like a typical
litigation deposition could be a big mistake.
Unlike a typical litigation deposition, where one thoroughly
probes a witness on all relevant issues to gain a better
understanding of what the deponent knows, an IPR deposition needs
to be treated more like a cross-examination at trial. This is
because the IPR witness has already provided his or her testimony
in the IPR through a declaration and, under normal