PTAB Does Not Provide a Supplemental Discovery Venue, PTAB Litigation Blog
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Following the grant of institution of a recent IPR petition in the matter of Satco Products, Inc. v. The Regents of the University of California, IPR2021-00662, Paper 26 (PTAB Feb. 11, 2022) concerning U.S. Patent No. 10,644,213 (“the ’213 patent”), the Patent Owner, The Regents of the University of California (“Patent Owner”), sought leave to file a Motion for Additional Discovery. After authorizing the Patent Owner to submit such a filing, the Petitioner in this case, Satco Products, Inc. (“Petitioner”), were also permitted to file an Opposition to Patent Owner’s Motion for Additional Discovery. Accompanying Patent Owner’s Motion for Additional Discovery was a single Request for Production. Patent Owner sought sales information related to certain filament light emitting diode (“LED”) products. In particular, Patent Owner sought such sales information “relevant to objective indicia of non-obviousness, and more particularly, the commercial success of products that embody the claimed inventions in the ’213 patent.” Id. at 2.
