In intellectual property litigation, deposition notices are more than scheduling tools—they’re tactical weapons for pinning down invention dates, testing validity defenses, and uncovering infringement details. This guide breaks down how to draft IP-specific deposition notices that stand up to scrutiny and drive results in high-stakes litigation.

Deposition notices in intellectual property (IP) cases play a pivotal role in shaping the discovery landscape. Whether you’re litigating a complex patent infringement claim or a trademark dilution dispute, these notices are crucial for defining the scope of testimony and locking down key facts.

Because IP litigation often involves technical subjects, corporate designees, and voluminous documentation, generic deposition notices just won’t cut it. They must be carefully tailored to reflect the unique complexities of the case, from identifying prior art to understanding licensing arrangements.

In this guide, we’ll walk you through drafting effective deposition notices specifically for IP litigation. You’ll learn how to customize your notice for 30(b)(6) witnesses, incorporate document requests tied to intellectual property assets, and avoid common pitfalls that derail otherwise strong cases.

❗Poorly tailored deposition notices can lead to irrelevant testimony, missed opportunities, or motions to quash.
✅ A precise and thoughtful notice sets the foundation for impactful depositions in IP litigation.

1. Core Components of an IP-Specific Deposition Notice

To be effective in intellectual property litigation, your deposition notice should go beyond the basics and address the particular needs of your claims and defenses:

🔹 Full Case Caption and Procedural Rule
Include the appropriate caption with jurisdictional and docket details, and cite the applicable procedural rule (FRCP 30 or state equivalent).

🔹 Date, Time, and Location
Ensure all scheduling details are precise and include time zones for virtual depositions.

🔹 Identification of the Deponent
In IP cases, clearly indicate whether you are deposing a named inventor, an R&D employee, a marketing executive, or a 30(b)(6) designee. Each witness offers unique insight.

🔹 Recording Method and Remote Protocols
Specify whether the deposition will be recorded stenographically, by video, or both. Include login links and technical details if it’s remote.

🔹 Document Requests Tied to IP Issues
Request documents related to patent filings, licensing agreements, prior use, trademark registrations, source code, or design schematics—depending on the claim.

2. Sample Deposition Notice for an IP Litigation Case

Here’s a sample tailored for intellectual property cases:

[Your Law Firm Letterhead]
[Date]
TO: [Opposing Counsel’s Name]
[Law Firm]
[Address]
RE: Deposition of [Name of Deponent]
Case Title: [Plaintiff v. Defendant]
Case No.: [Court and Docket Number]

NOTICE OF DEPOSITION

Please take notice that, pursuant to Rule 30 of the Federal Rules of Civil Procedure, Plaintiff/Defendant will take the deposition of:

Deponent: [Full Name and Role—e.g., “Jane Doe, Director of Product Design”]
Date: [MM/DD/YYYY]
Time: [HH:MM AM/PM, with time zone]
Location: [Complete address or Zoom link with credentials]
Recording Method: [e.g., Stenographic and Videographic]

The deposition will be taken before a certified court reporter and may be used for any lawful purpose. If documents are to be produced, please refer to the attached Schedule A.

Respectfully,
[Your Name]
[Your Law Firm]
[Contact Information]

3. Strategic Additions for IP Disputes

🛠️ Tailor for Rule 30(b)(6) Corporate Designees
In many IP disputes, you’ll need testimony from corporate entities on issues like product development timelines, licensing history, or source code authorship. Be sure to:

• List exact topics (e.g., “The conception and reduction to practice of Patent No. 123,456”).

• Request identification of the person most knowledgeable.

📎 Include a Robust “Schedule A”
Attach a Schedule A with document categories such as:

• Prior versions of patented products

• Trademark usage guides

• Licensing revenue statements

• Source code change logs

💻 Prepare for Remote Depositions
Given the global nature of many IP cases, remote depositions are common. Include:

• Login instructions

• Technical support contact

• Platform guidelines

4. Key Pitfalls to Avoid in IP Depositions

❌ Failing to Define Technical Scope Clearly
If you’re deposing a 30(b)(6) witness, vague topic descriptions (e.g., “company operations”) can result in unprepared witnesses. Be as specific as possible to avoid objections.

❌ Omitting Time Frames or Jurisdictions
In IP cases, deposition topics often need to focus on specific time periods or regions. For example, ask about “marketing of the accused product in the U.S. from 2019 to 2023.”

❌ Not Coordinating with Expert Discovery
Deposition notices that don’t consider expert report deadlines or Daubert motions can lose value. Align depositions with the broader timeline of your case.

❌ Serving Incomplete Notices to Foreign Entities
If your deponent is a foreign-based entity, you may need to comply with the Hague Convention or use Rule 45 for third-party subpoenas. Always confirm jurisdictional procedures.

5. Best Practices to Maximize Impact

🔍 Investigate the Deponent in Advance
Know their background, publications, or patent filings. This improves the precision of your notice and helps tailor document requests.

🧭 Align Timing with Infringement Claims or Defenses
Schedule the deposition after receiving responses to interrogatories or RFAs, so you can tailor questions and topics more effectively.

📑 Prepare Backup Notices in Case of Non-Appearance
For foreign witnesses or evasive parties, have a contingency plan—either via subpoena or court motion.

📧 Confirm Service and Retain All Documentation
Retain signed receipts and digital confirmations. For multinational litigation, maintain proof in both jurisdictions.

🧠 Use the Deposition Notice to Set Tone and Expectations
A meticulously drafted notice sends a message: your team is serious, focused, and prepared. This often influences how opposing counsel prepares.

❓FAQs

Q1: Can I subpoena source code through a deposition notice?

Yes, you can, but doing so requires careful planning and legal safeguards. Source code is considered highly confidential and proprietary, so you’ll typically need to secure a protective order before requesting it. The deposition notice should include a Schedule A that specifies the exact type of source code needed, along with date ranges and system versions. Overbroad or vague requests may trigger objections or motions to quash. To strengthen your position, explain the relevance of the source code to the infringement or invalidity claims, and propose technical safeguards such as source code review protocols or access via secure repositories.

Q2: Do I need to use a 30(b)(6) notice for patent prosecution testimony?
Often, yes—especially when the patent prosecution history involves corporate knowledge that cannot be tied to a single individual. For example, if you’re seeking insight into why specific amendments were made or whether certain prior art was considered during prosecution, a Rule 30(b)(6) deposition notice directed at the patent owner or assignee is usually appropriate. In your notice, clearly define the topics (e.g., “Prosecution history of U.S. Patent No. 8,765,432”) and limit the inquiry to specific time periods or decision-makers. This prevents ambiguity and helps avoid witness unpreparedness, which could necessitate further motion practice.

Q3: Can I use the deposition to establish secondary meaning in a trademark case?
Absolutely. Establishing secondary meaning—especially in descriptive mark disputes—is a core component of many trademark cases. A well-drafted deposition notice can request the appearance of marketing executives, brand managers, or sales directors to testify on how the mark was used in commerce, consumer perception, and the extent of advertising. Consider attaching a Schedule A requesting historical advertising budgets, consumer surveys, promotional materials, and media placements. These materials help the deponent speak knowledgeably and provide foundational support for your secondary meaning argument.

Q4: What if a witness is located abroad?
If the deponent is not under the control of a party to the case and resides outside the U.S., you will likely need to initiate international procedures, such as issuing a letter rogatory or following the Hague Evidence Convention, depending on the country. These steps can take weeks or even months, so plan accordingly. If the witness is employed by a corporate party, that party may be compelled to produce them under Rule 30(b)(6). In either case, your deposition notice should specify the intended location (virtual or physical) and account for time zone differences, translation needs, and any local legal requirements that could affect admissibility.

Q5: Is it advisable to include claim charts or prior art in Schedule A?
Yes, including claim charts or prior art references in your deposition notice—particularly as part of Schedule A—is highly effective in intellectual property litigation. These materials clarify the scope of questioning and put the deponent on notice about the technical issues that will be discussed. For instance, if you're deposing an inventor or technical expert, claim charts aligned with specific product features can elicit focused and meaningful testimony. Similarly, referencing particular pieces of prior art can help confirm or challenge inventiveness or novelty. Be specific and narrow in your requests to avoid undue burden objections and to preserve the admissibility of the deposition testimony.

🧠 Final Thoughts

Intellectual property litigation is document-heavy and expert-driven. A strategically drafted deposition notice—especially one that anticipates technical defenses and zeroes in on key dates and processes—can shape the entire outcome of your case.

✅ Want to streamline your deposition planning and avoid discovery hiccups?
📣 Partner with Legal Husk for Discovery Done Right
At Legal Husk, we help trial teams and legal departments:
• Draft airtight deposition notices
• Navigate discovery disputes with ease
• Manage remote depositions with technical precision
• Handle document requests with clarity and compliance

🎯 Don’t let avoidable mistakes derail your deposition strategy. Legal Husk ensures your notices are accurate, professional, and effective.
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