deposition-ip

name	deposition-ip
title	IP Litigation Deposition Supplement
description	Supplements general deposition preparation with IP-specific examination frameworks for patent, trademark, copyright, and trade secret cases. Covers witness strategies for inventors, accused infringers, licensing witnesses, and experts. Use alongside @deposition-preparation and @deposition-expert-witness when planning IP depositions, drafting outlines, or analyzing witness strategy.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/deposition-ip
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	ip
language	en

IP Litigation Deposition Supplement

Adds IP-specific examination frameworks to @deposition-preparation. Covers four case types — patent, trademark, copyright, trade secret — with witness-specific question lines and damages theory.

Prerequisites

• Relevant patents, registrations, or trade secret identification statements
• Prosecution history and claim construction positions (patent)
• Prior art references at issue
• Accused product/process technical documentation
• Licensing history and comparable licenses
• Expert reports (if designated)
• Confidentiality agreements (trade secret)

Case Type Reference

Case Type	Key Issues	Primary Witnesses
Patent	Claim construction, infringement (literal/DOE), validity, reasonable royalty, lost profits, willfulness	Inventor, R&D/engineering, licensing/business, technical expert, damages expert
Trademark	Distinctiveness, priority of use, likelihood of confusion, willfulness, damages	Mark owner, marketing, consumer survey expert, damages expert
Copyright	Ownership, originality, access/copying, substantial similarity, fair use	Author/creator, access witnesses, similarity expert, damages expert
Trade Secret	Existence, reasonable secrecy measures, misappropriation, damages	Developer, accused misappropriator, security witnesses, damages expert

Patent Examination Frameworks

Inventor

• Conception/reduction to practice: When conceived, what problem solved, corroborating records, who was told, prototyping/testing timeline
• Prior art knowledge: Awareness at time of invention, searches conducted, how invention differs from specific references — failure to disclose bears on inequitable conduct
• Claims/prosecution: Understanding of claim 1, meaning of disputed terms, involvement in prosecution, reasons for amendments

Accused Infringer Technical Witness

• Product/process: How accused product works step-by-step, development timeline and team
• Design choices: Alternatives considered, reasons for chosen approach, awareness of patent, design-around efforts
• Claim element mapping: Whether product has each claim element, how it performs each function