USPTO Trials: Understanding The Discovery Rules

Law360, New York (September 5, 2012, 12:14 PM EDT) -- Discovery may perhaps be one of the most difficult items for clients, lawyers and their adversaries alike to deal with, particularly in patent litigation. In its newly issued rules for trial proceedings before the Patent Trial and Appeal Board, the U.S. Patent and Trademark Office has attempted to strike a better balance between disclosure of the information needed to properly prepare for and litigate the proceeding, and the costs of obtaining and exchanging such information.

In traditional U.S. district court litigation, it is difficult to predict...
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