Oh, Behave!

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.”



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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.