Washington, D.C. intellectual property lawyer Derek Meeker shares his insights about depositions.

He mentions that depositions of expert witnesses are a routine part of inter partes reviews (IPRs) and post-grant reviews (PGRs), and that success in these situations depends on working cooperatively and effectively with the team to gain a strategic advantage.

According to him, there are three fundamental rules for conducting successful depositions: prepare, prepare, and prepare. Preparation is key — both for himself and for the expert witnesses — to ensure that when the deposition occurs, the process runs smoothly.

When defending a deposition, his focus, and that of the expert, is on not losing the case. This means identifying critical issues early and reviewing them thoroughly with the expert witness. The expert’s opinion must be clear, consistent, and defensible — not something delivered off the cuff. Over time, he and his team have developed a detailed preparation process that has proven effective across numerous cases. He emphasizes that investing time and resources in preparation always pays off, as it prevents problems that are far more difficult to fix later during oral arguments.

Conversely, when taking a deposition in an IPR, his goal is to secure helpful admissions from the opposing expert. He stresses the importance of keeping the deposition short and tightly focused. The objective is not to learn from the expert or give them an opportunity to reinforce their position, but to extract key concessions that strengthen his client’s case. Asking too many questions, he cautions, can easily backfire. His streamlined, disciplined approach minimizes costs while reducing the risk of inadvertently harming the case during deposition.