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Obviousness Garmin Factors

Akin Gump Strauss Hauer & Feld LLP

PTAB: Discovery Requests Targeting Objective Evidence of Nonobviousness Denied Under Garmin Framework

The Patent Trial and Appeal Board denied a patent owner’s motion for additional discovery of documents—from petitioners, real parties-in-interest, and third parties—because patent owner failed to show that such discovery...more

Foley & Lardner LLP

PTAB Grants Rare Request for Additional Discovery In IPR

Foley & Lardner LLP on

In Mylan v. Allergan (IPR2016-00127, Paper No. 73), the PTAB granted a rare request for discovery filed be Petitioner in response to summaries of data presented in a Patent Owner Response used to rebut obviousness. In...more

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