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831 results found


Rothwell, Figg, Ernst & Manbeck, PC | USA | 25 Jun 2018

Motions for Additional Discovery at the PTAB

The Patent Trial and Appeal Board (“PTAB”) rarely grants motions for additional discovery filed by a party in an inter partes review (“IPR”)


Jones Day | USA | 17 May 2018

Additional Discovery: Must Be More Than Mere Possibility

The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson


Marshall Gerstein & Borun LLP | USA | 3 Apr 2018

Should I Stay or Should I Go? - Co-Pending IPR and Litigation Can Lead to Discovery Obligations

Fighting a war on two fronts is rarely an enviable strategic position. While district court judges do not always grant stays of patent infringement


Jones Day | USA | 5 Mar 2018

Challenges to Real Parties-in-Interest Continue to Terminate IPR Proceedings

In prior blog posts, we have commented on PTAB decisions terminating IPR proceedings due to the Petitioner’s failure to identify all real


Vinson & Elkins LLP | USA | 10 Jan 2018

Federal Circuit En Banc Opinion Holds PTAB Time-Bar Decisions Are Appealable

The Federal Circuit has opened the door to appeals on the timeliness of inter partes review proceedings and possibly to discovery in PTAB proceedings


Foley & Lardner LLP | USA | 26 Oct 2017

PTAB Grants Rare Request for Additional Discovery In IPR

In Mylan v. Allergan (IPR2016-00127, Paper No. 73), the PTAB granted a rare request for discovery filed be Petitioner in response to summaries of data


GrayRobinson PA | USA | 28 Sep 2017

Want To Pursue Attorneys Fees After Invalidating A Patent in Front of the Patent Trial and Appeal Board?

Not so fast. If the case is moot because all of the claims have been extinguished, you may have foregone your ability to pursue discovery to support


Jones Day | USA | 28 Apr 2017

A Single Bite at the Apple: The Board’s Discretion to Deny Institution under 314(a)

In a series of related decisions issued in April 2017, the PTAB exercised its discretion under 35 U.S.C. 314(a) and 37 C.F.R. 42.108(a) to deny


Epstein Becker Green | USA | 21 Apr 2017

Dish Network, LLC: Important Lessons and Reminders for Employers Under a Trump Board

In recent years, the Obama Board has adopted some extreme views on Section 7 rights, which has pushed its jurisdiction into uncharted territories and


Reed Smith LLP | USA | 21 Mar 2017

And Then There Were Two - New Mexico Set to Become 48th State to Enact Data Breach Notification Law

While there is no federal law requiring companies to notify individuals of data breaches, South Dakota and Alabama will be the only states without

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