Videotaping Interference Testimony

Jul 2004Intellectual Property Today, Vol. 11, No. 7 at page 10

In Winner Int’l Royalty Corp. v. Wang, 202 F.3d 1340, 53 USPQ2d 1580 (Fed. Cir. 2000) (opinion by Circuit Judge Michel for a panel that also consisted of Circuit Judges Rader and Gajarsa), a panel of the court erroneously asserted that “in no case is live testimony given before the Board, which would allow the Board to observe demeanor, to hear the witnesses rebut one another’s testimony in response to questioning from the parties and the judges, and then to determine credibility.”2 At that time, I pointed out (1) that Winner (which I represented) had not made that argument3 and (2) that the panel’s assertion was “not right”4 because....