RELATEd IPR REVIEWS RESULT IN REDUCED DEPOSITION TIME

Related AIA proceedings may result in reduction in the total deposition times.  Petroleum Geo-Services Inc. v. WesternGeco LLC, Nos. IPR2014-00687; -00688; and -00689 (PTAB Jan. 21, 2015).  Patent owner requested that each expert witness be made available for the full time of 13 hours under 37 CFR 42.53(c) for a total of 39 hours in the three AIA proceedings.  Under 37 CFR 42.53(c), each deposition in a proceeding may include 7 hours of cross-exam, 4 hours of redirect and 2 hours of recross.  In rejecting the patent owner's request, the PTAB concluded that the three patents at issue were continuations of the same application and therefore, a reasonable time under the rules was a total of 17 hours with 12 hours for cross, 3 hours of redirect and 2 hours for recross.