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PTAB Abused Discretion in Denying Request to File Motion for Additional Discovery

PTAB Abused Discretion in Denying Request to File Motion for Additional Discovery

by Matthew Johnson | Aug 6, 2019 | Discovery, Motions Practice

By Jen Bachorik and Matt Johnson In a recent appeal of two inter partes review (“IPR”) decisions from the Patent Trial and Appeal Board (“Board”), The Court of Appeals for the Federal Circuit (“CAFC”) held that the Board abused its discretion in denying VirnetX’s...
Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder

Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder

by Matthew Johnson | Jul 25, 2019 | Amendment Practice, Discovery, Joinder, Motions Practice, PTAB News

By Catharina Chin Eng and Matt Johnson Our prior post on the PTAB’s second update to the AIA Trial Practice Guide (TPG), published July 15, 2019, highlighted the additional guidance provided for petitions, patent owner preliminary responses and claim construction. ...
PTAB Orders Petitioner’s Expert to Produce Discovery

PTAB Orders Petitioner’s Expert to Produce Discovery

by Marc S. Blackman | Jul 9, 2019 | Discovery, PTAB News

By  Marc S. Blackman The PTAB recently granted a Patent Owner’s motion to take additional discovery of Petitioner’s expert.  In particular, the PTAB ordered Petitioner’s expert to produce documents that identify materials he reviewed in preparing his declaration. ...
Board Grants Discovery Regarding RPI Issues

Board Grants Discovery Regarding RPI Issues

by Albert Liou | Dec 11, 2018 | Discovery, Real Party in Interest

By Albert Liou –  In Cavium, LLC v. Alacritech, Inc., Case IPR2018-00401 (PTAB Nov. 20, 2018) (Paper 24), the PTAB granted a Patent Owner’s motion for additional discovery relating to real party-in-interest. The split-panel decision is interesting...
Seeking District Court Assistance For An IPR Proceeding

Seeking District Court Assistance For An IPR Proceeding

by Marc S. Blackman | Nov 15, 2018 | Discovery, PTAB Trial Basics

By Marc Blackman Discovery is limited in inter partes review proceedings.  As we previously discussed here and here, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied.  Yet, a party may be aware of information...
Speculation Insufficient To Justify Routine Discovery

Speculation Insufficient To Justify Routine Discovery

by Matthew Johnson | Oct 19, 2018 | Discovery, PTAB Trial Basics

By Sue Gerber and Matt Johnson The PTAB has discretion to permit “routine discovery” under 37 C.F.R. §42.51(b)(1)(iii) when that discovery “is narrowly directed to specific information known to the responding party to be inconsistent with a position advanced by that...
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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.