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Speculation Insufficient To Justify Routine Discovery, PTAB Litigation Blog

October 2018


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The PTAB has discretion to permit "routine discovery" under 37 C.F.R. §42.51(b)(1)(iii) when that discovery "is narrowly directed to specific information known to the responding party to be inconsistent with a position advanced by that party in the proceeding, and not broadly directed to any subject area in general within which the requesting party hopes to discover such inconsistent information." Synaptive Med. Inc. v. Karl Storz Endoscopy-America, Inc., Case IPR2018-00462 (PTAB Oct. 11, 2017) (Paper 14) (quoting Garmin Int’l Inc. v. Cuozzo Speed Techs., LLC, Case IPR 2012-00001 at 4 (PTAB Mar. 5, 2013) (Paper 26)).

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