Takeaway: The Board refused to allow an errata sheet that included errata that appeared to make the transcript reflect something unstated, instead of being designed to reflect what was actually stated.

In its Order, the Board denied Patent Owner’s request to file a proposed errata sheet. Patent Owner requested authorization to file an errata sheet for the transcript of the deposition of its witness. Petitioner opposed specific errata for appearing designed to make the transcript reflect not what was actually stated, but rather to make it reflect something unstated. The Board refused to authorize Patent Owner to file the errata sheet. However, the Board noted that because several other errata in the proposed sheet appeared designed to correct the transcript so that it does reflect what was actually stated, Patent Owner could seek authorization to file a modified errata sheet including only the approved errata. Patent Owner was requested to confer with Petitioner before making another request to see whether Petitioner opposes.

Medtronic, Inc. and Medtronic Vascular, Inc. v. Endotach LLC, IPR 2014-00100
Paper 36: Order on Conduct of the Proceeding
Dated: September 30, 2014
Patent 5,593,417
Before: Jacqueline Wright Bonilla, Michael J. Fitzpatrick, and Hyun J. Jung
Written by: Fitzpatrick