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Depositions At PTAB Vs. District Court: What To Know

April 18, 2018, Law360

Scott Kamholz is quoted in a Law360 article regarding differences between depositions at the Patent Trial and Appeal Board and district court. According to Kamholz, the purpose and execution between the two are quite distinct. “About the only thing in common between the two is the court reporter,” he says. “Lawyers cannot come into a PTAB deposition expecting it to be like a district court deposition.”

Commenting on PTAB depositions, Kamholz says, "We’re not here to learn from the expert. We are here to pull soundbites from the expert, we’re here to pull admissions. And that’s all.” He adds, “It’s very much doing the tightrope walk without a net. You don’t get a dry run. You go from their paper statement to the deposition testimony, and that’s it.”

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