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...
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...
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...