Additional Discovery – Part Two

The Patent Lawyer
April 2014

This second of a two-part article explores one of the intriguing aspects of inter partes review (IPR): 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. Part one focused on the first of the Garmin factors, and this second part now takes aim at factors two through five.

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