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Precedential No. 37: Board Grants Motion to Introduce at Trial, Discovery Deposition of Nonparty Taiwanese Witness

In a somewhat interesting decision, the Board granted Opposer's motion under Rule 2.120(j)(3)(i) to allow introduction of a nonparty discovery deposition by way of notice of reliance. The witness, Momo Chen, a Taiwanese citizen who resides outside the U.S.A., voluntarily appeared in the United States for her discovery deposition, but stated that she had no plans to return to the United States and agreed to appear only for the discovery deposition. Galaxy Metal Gear, Inc. v. Direct Access Technology, Inc.Opposition No. 91184213 (August 24, 2009) [precedential].Rule 2.120(j)(2) states in pertinent part that discovery depositions (of a party or a nonparty) shall not be offered into evidence unless the witness is out of the country during the trial period (except if the party offering the deposition procured the absence of the witness) or cannot be served with a subpoena to compel attendance at a deposition...continue to full post

Full post as published by The TTABlog on September 04, 2009 (boomark / email).