An expanded panel of the PTAB granted the joinder motion allowing the same party's serially-filed IPR petitions to be consolidated into a single proceeding when one of the petitions would have been time-barred but for the grant of the motion. Zhongshan Broad Ocean Motor Co., Ltd. v. Nidec Motor Corp., IPR2015-00762, Paper 16 (PTAB Oct. 5, 2015). Petitioner timely filed an IPR petition but due to certain deficiencies, filed a second petition more than one year after it had been served with a complaint. The second petition however was accompanied by a joinder motion under Section 315(c). A PTAB panel denied the joinder reasoning that the Petitioner could not be joined as a party to a proceeding in which it is already a party. On rehearing by an expanded panel, the expanded panel concluded that Section 315(c) permits both party joinder and issue joinder. In granting the motion, the expanded panel reasoned that the second petition merely seeks to rectify a procedural deficiency of the first petition and doesn't prejudice the patent owner.
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On August 19, 2015, the USPTO announced proposed changes to rules governing PTAB proceedings. The announcement expands the PTO's "quick-fixes" initiated on March 27, 2015. The proposed changes would: (1) allow patent owner's to include new testimonial evidence, such as an expert declaration with its opposition to a petition; (2) set new requirements to police attorney misconduct; (3) clarify aspects of the USPTO's claim construction standard; (4) change how the PTAB should handle multiple proceedings; (5) clarify when the PTAB will allow live testimony; and (6) address motions by patent owner's to amend claims. PTO's announcement can be found here.
On August 7, 2013, a panel of the PTAB issued an order detailing the guidelines for a foreign language deposition. Ariosa Diagnostics v. Isis Innovation Ltd., IPR2012-00022, Paper 55 (PTAB Aug. 7, 2013) In providing the guidelines, the panel acknowledged that 37 CFR 42.53 and the panel's guidelines will govern the taking of a deposition in a foreign language. Per the guidelines, the party proffering the witness is responsible for providing the first interpreter and provide the first interpreter's information at least five business days before cross-examination. The party cross-examining the witness may engage a second interpreter and at least five business days before the cross-examination, provide the information on the second interpreter. A consecutive mode of interpretation shall be used and where the second interpreter disagrees with the first interpreter, the second interpreter shall inform his counsel by note. If counsel desires to raise the disagreement on the record, the second interpreter will be allowed to interpret the question or answer. An objection shall be made on the record in instances where there's a disagreement as to interpretation between the two interpreters.
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Disclaimer: The content in this blog is solely for informational purposes and does not constitute legal advice.
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