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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