The Party Seeking Discovery Has the Burden to Show Need for the Discovery

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In SAP America, Inc. v. Versata Software, Inc., CBM2013-00042, Paper 32 (July 10, 2014), the Board denied Versata discovery of the software corresponding to the documentation relied upon to prove the claims unpatentable, because it was not clear that petitioner’s witness relied upon the software.

 

Topics:  Burden of Persuasion, Discovery

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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