Discovery Remains Hard To Get

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In Electronic Frontier Foundation v. James D. Logan, IPR2014-00070, Paper 32 (July 29, 2014), the Board denied pettioner’s motion to compel discovery relating to the on-going litigation involving the patent, to uncover inconsistent positions of the patent owner.  The Board said it required more than speculation that an inconsistency exists to require production under 37 C.F.R. § 42.51(b)(1)(iii).  The Board instructed the parties to confer about the requests, and authorized the petitioner to contact the Board if an agreement cannot be reached.

 

Topics:  Motion to Compel, Patent Litigation, Patent Trial and Appeal Board, Patents

Published In: Civil Procedure Updates, Intellectual Property 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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