The Do's And Don'ts Of Extra Discovery At The PTAB

Law360 (May 15, 2019, 4:27 PM EDT) -- When it comes to discovery, the Patent Trial and Appeal Board runs a tight ship. But with careful framing, narrow requests and proper planning, companies will have a fighting chance to get their hands on extra documents during inter partes review.

Companies are entitled only to bare-bones, routine discovery during an IPR. This includes cross-examination of witnesses who give testimony for the other side, as well as any information that is inconsistent with a position advanced in the proceeding.

Most everything else will generally fall into the bucket of "additional discovery." Unless the opposition is willing to turn over the information,...

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