For a May 15 article, Law360 sought out Banner Witcoff attorney Craig W. Kronenthal for commentary on discovery practice before the Patent Trial and Appeal Board (PTAB).
The article notes that historically, it has been difficult for parties to obtain additional documents during inter parties review. PTAB, according to the article, has explained that limited discovery reduces cost, complexities, and the period for dispute resolution.
Among the article’s tips for parties seeking additional discovery, Craig said that filing a motion for additional discovery is not necessarily the time to bring up issues new to the opposing party. “The board won’t appreciate it if you’re just now raising things for the first time,” he told Law360.
The article, “The Do’s and Don’ts of Extra Discovery at The PTAB,” is available online to subscribers.