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DontWaitToSeekDiscoveryOrItMayBeTooLat

Don’t Wait To Seek Discovery Or It May Be Too Late, PTAB Litigation Blog

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“The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of the Office and the ability of the Office to complete the proceeding timely.”  College Prods., Inc. v. Intirion Corp., PGR2024-00003, PGR2024-00004, Paper 26 (PTAB Sept. 4, 2024).  Against this statutory backdrop, the PTAB recently denied a Petitioner’s motion for additional discovery, finding that the request came too late and the Petitioner provided insufficient reasons to justify granting additional discovery out of time.  Id.

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