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Patent Owner Tip #1 For Surviving An Instituted IPR: Approach IPR Depositions Like A Cross-Examination - Intellectual Property


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 ....

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