01/01/2014 | The Patent Lawyer

Additional Discovery – Part One

1 min

One of the intriguing aspects of inter partes review (IPR) is the availability of additional discovery. The realities of actually obtaining additional discovery are sometimes far different than expectations, and are governed by a five-factor test developed during IPR proceedings in Garmin International v. Cuozzo Speed Technologies. This article, the first of two parts, explores those realities.