Interference No. 101,981
unredacted originals. No useful purpose is seen in the inclusion
in the record of irrelevant material and of notebook pages that
are not relied on. Batlogg points out in his opposition that the
opposing parties were free to inspect the unredacted originals,
that the party Qadri requested such access and was given access,
and that the party Qadri never alleged that relevant material was
edited out of Batlogg's exhibits.
Beyers requests that BX-12 be suppressed because it is
objected to as hearsay. Batlogg exhibit BX-12 is a "Nova" TV
show tape recording which contains recollections of some of the
Beyers inventors and the Batlogg inventors. Beyers urges that
most of the show consists of the host speaking and queries: "How
can a videotape be cross-examined?" The motion would have been
denied as to BX-12. Clearly, the Batlogg inventors testified in
this proceeding, were made available for cross-examination, and
could have been cross-examined as to any statements made on the
"Nova" TV show. Prior statements by a witness are not hearsay if
the declarant testifies at the trial or hearing and is subject to
cross-examination concerning the statement, and the statement is
"(B) consistent with the declarant’s testimony and is offered to
rebut an express or implied charge against the declarant of
recent fabrication or improper influence or motive." Rule
72
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