Tuesday, April 23, 2013

Pro Hac Vice Counsel May Take Depositions in PTAB Proceedings

Following the initial conference, the Board clarified that lead counsel and back-up counsel may take and defend depositions in a PTAB proceeding. "It is requested clarification on who may attend depositions, such as the client or litigation counsel, including clarification as to whether counsel who have been admitted pro hac vice may take and defend a deposition. . . . absent a specific Board order to the contrary, the Board allows counsel who have been admitted pro hac vice to represent the client in all matters, including the taking and defending of depositions."

Petition for Inter Partes Review by Ariosa Diagnostics, IPR2012-00022 (PTAB April 19, 2013, Order) (Green, APJ).

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