Authorizing Motion for Additional Discovery IPR2013-00453

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Takeaway: Any motion for additional discovery should be narrowly tailored and show that discoverable documents relevant to the question exist.

In its Order, the Board granted Patent Owner’s request for authorization to file a Motion for Additional Discovery regarding the relationship between Petitioner and other entities, specifically entities that were served a complaint more than a year before the Petition in this case was filed. The Board authorized Patent Owner to file a Motion for Additional Discovery of no more than 15 pages and authorized a Petitioner opposition of no more than 15 pages. The Board cautioned that the Motion is unlikely to be granted if it is unduly broad or requests “all documents in the possession, custody, or control . . . that refer or relate to . . . .” The Board stated that Patent Owner should address what evidence shows that Petitioner has discoverable documents that are relevant to the question of real parties-in-interest.

Atlanta Gas Light Co. v. Bennett Regulator Guards, Inc., IPR2013-00453
Paper 34: Order Authorizing Motion for Additional Discovery
Dated: March 27, 2014
Patent 5,810,029
Before: Jennifer S. Bisk, James B. Arpin, and Patrick M. Boucher
Written by: Bisk