What’s The Use Of 37 CFR 41.150(C)(2)?

Jan 2005Intellectual Property Today, Vol. 12, No. 1 at page 14

There are at least four problems with 37 CFR 41.150(c)(2). First, what does “[w]hen appropriate” mean? Second, opposing counsel virtually never has the “documents and things” that I want available “during cross-examination,” which means that, even if opposing counsel does produce the “documents and things” at some subsequent time, the deposition may have to be re-scheduled in order to ask the witness questions about them--which may require lengthy and expensive travel by one or both of the parties. Third, in the unlikely event that opposing counsel does produce the “documents and things” “during cross-examination,” the best of us can’t ask good questions about “documents and things” that he or she has just been handed. And, fourth, a fair percentage of the “documents” that you may actually get handed “during cross-examination” will be in a language that you can’t read--and opposing counsel may blandly assure you that he or she doesn’t have a translation of the document into English.