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Patent Owner Tip #8 for Surviving an Instituted IPR: Additional Discovery is Possible, but Should be Carefully Planned | Mintz - Intellectual Property Viewpoints - Vimarsana News

Patent Owner Tip #8 for Surviving an Instituted IPR: Additional Discovery is Possible, but Should be Carefully Planned | Mintz - Intellectual Property Viewpoints

Discovery procedures in inter partes review (“IPR”) proceedings, governed by 37 CFR § 42.51, are more limited in scope and timing compared to cases in district court. There are three...

Additional Discovery Possible, Should be Carefully Planned - Vimarsana News

Additional Discovery Possible, Should be Carefully Planned

If you anticipate needing additional discovery during an IPR proceeding, it is crucial to move as soon as possible, as timing is one of the factors the Board considers when determining whether to authorize the filing of a motion for additional discovery.