Board Declines to Limit Cross Examination

In International Business Machines Corporation v. Intellectual Ventures II LLC, IPR2014-00587, Paper 27 (November 28, 2014), the Board declined to limit the scope of the patent owner’s cross-examination of petitioner’s witness.  Petitioner sought to limit cross examination only to the grounds instituted by the Board.  The Board noted that the scope of cross examination is normally limited to the scope of the direct examination. 37 C.F.R. § 42.53(d)(5)(ii). While the Board agreed that the most pertinent portions of the direct testimony may be related to the instituted ground, it was not persuaded that the remaining portions would not be relevant. The testimony could be relevant to the state of the prior art or the credibility of the declarant, and therefore the Board declined to further limit the scope of cross-examination.

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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.