Federal Rules of Evidence Apply in Pre-Institution IPR Discovery Disputes

August 4, 2015 – In granting the petitioner’s motion to supplement the deposition transcript of its declarant, the PTAB held that it has discretion to apply the Federal Rules of Evidence in pre-institution IPR discovery disputes.  The PTAB reasoned that the Federal Circuit has “acknowledged that it may give deference to the PTO with respect to procedural rules of conduct before the PTO itself” and “that the PTO is authorized to establish procedural rules.”

The case is captioned Stryker Corp. v. Karl Storz Endoscopy-America, Inc., IPR2015-00677.  The patent-at-issue is U.S. Patent No. 8,069,420, titled “System for Controlling the Communication of Medical Imaging Data.”

By:  Christopher J. Stankus

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