In Finjan, Inc. v. FireEye, Inc., IPR2-14-00344, Paper 27, IPR2014-00492, Paper 18, (September 18, 2014), the Board admonished the parties for their conduct of the proceeding:
We also take this opportunity to observe a general lack of courtesy and decorum from counsel for both parties. See Ex. 2004, 99:20–102:10; 164:14–165:22. The parties are strongly cautioned to follow all rules applicable to this proceeding, including that “[e]very party must act with courtesy and decorum, . . . including in interactions with other parties.” 37 C.F.R. § 42.1(c).
The trigger no doubt was the parties’ conduct at depositions,. The Board specifically instructed the parties:
in any future deposition in this proceeding, the parties shall refrain from interrupting each other and the witness, and shall not make speaking objections. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012). In particular, counsel must not make objections or statements that suggest an answer to a witness and objections should be limited to a single word or term. Id. (emphasis added). Objections to form are properly stated as “Objection, form.”