Takeaway: The Board determined that a declaration of a translator accompanying a translation is subject to cross-examination under routine discovery in the same manner as other expert depositions.

In its Order, the Board summarized the initial conference call, which was held on June 23, 2014, and granted authorization for Petitioner to file a new translation of Exhibit 1003 as supplemental evidence. Patent Owner had objected to the translation. Petitioner had corrected the translation and was requesting authorization to file the new translation. The Board agreed with Patent Owner that the new translation should be a separate Exhibit, and that the old translation would remain in the record.

Patent Owner also requested to depose the translator. The Board agreed that the deposition of the translator accompanying the translation was covered by the rule allowing cross-examination of affidavit testimony. 37 C.F.R. § 42.51(b)(1)(ii).

Apotex Inc. v. Wyeth LLC, IPR2014-00115
Paper 27: Order on Conduct of the Proceeding
Dated: July 1, 2014
Patent: 7,879,828 B2
Before: Lora M. Green, Francisco C. Prats, and Jo-Anne M. Kokoski
Written by: Green