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.

 


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