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July of 2019 has been an active month for the Patent Trial and Appeal Board (PTAB). The PTAB issued a Trial Practice Guide Update that addresses:
The July 2019 Update can be accessed on the PTAB website.
Additionally, on July 10, 2019, the PTAB made precedential its Order in IPR2014-00116 (Paper No. 19). This Order concerned the PTAB’s Testimony guidelines, and clarified that defending counsel can confer with their witness prior to taking re-direct testimony provided that preceding cross-examination has concluded. If re-cross is commenced, counsel may no longer confer with their witness until re-cross concludes. This procedure differs from other venues, where counsel may not confer with their witness until the deposition is over.