In Your Dreams – Additional PTAB Discovery Remains Elusive
By EsqSocial Corporation 13/05/21
Discovery in an IPR proceeding is limited compared to district court litigation in order to focus the proceedings and promote speed and efficiency. The PTAB Practice Guide and 37 C.F.R 42.51 provide for three types of discovery: mandatory initial disclosures, routine discovery, and additional discovery. Parties can agree to additional discovery, but absent agreement a party may file a motion for additional discovery. 37 C.F.R. 42.51(b)(2)....
By: Jones Day