Tag Archives: discovery

PTAB Grants Rare Request for Additional Discovery In IPR

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 particular, the PTAB found that the Garmin factors for analyzing discovery requests weighed in favor of granting Petitioner’s motion.  However, the … Continue reading this entry

Rolling the Dice on Foreign Depositions in IPR Proceedings

In litigation, it is not uncommon for depositions to be taken outside the U.S., particularly when a given witness resides outside the U.S. and cannot or does not wish to travel to the U.S. In IPR proceedings, however, a foreign-based witness’s testimony may be discarded if the witness won’t come to the U.S. for a … Continue reading this entry