Volume 49, Issue 1
Since 2012, the America Invents Act has transformed the patent litigation landscape, largely through the creation of post-grant trials before the USPTO’s Patent Trial and Appeal Board (“PTAB”). Typically limited to 12 months, post-grant trials require rapid scrutiny and adherence to a complex web of statutes, rules, and other guidance. Due to limited opportunities for discovery and the need to persuade tech-savvy judges who often pore over every shred of evidence, depositions are crucial. To make the most of them, deposition counsel must be familiar with PTAB-specific authority.
This update provides a brief overview of that authority, which we recently detailed in two articles for BNA’s Patent, Trademark & Copyright Journal. The first article explains key aspects of planning the PTAB deposition (, and the second focuses on navigating the deposition once it begins ( Together, these insights form a comprehensive guide that will arm counsel with knowledge of applicable authority and the nuanced body of caselaw that has emerged over the first five years of post-grant trials, as introduced herein.
Learning the Ropes of PTAB Depositions
Michael A. Stramiello & Arvind Jairam, Paul Hastings LLP.
Michael A. StramielloArvind Jairam