In Your Dreams – Additional PTAB Discovery Remains Elusive, PTAB Litigation Blog
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Discovery in an IPR proceeding is limited compared to district court litigation in order to focus the proceedings and promote speed and efficiency. The PTAB Practice Guide and 37 C.F.R 42.51 provide for three types of discovery: mandatory initial disclosures, routine discovery, and additional discovery. Parties can agree to additional discovery, but absent agreement a party may file a motion for additional discovery. 37 C.F.R. 42.51(b)(2).
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