Seeking District Court Assistance For An IPR Proceeding, PTAB Litigation Blog
Discovery is limited in inter partes review proceedings. As we previously discussed discovery is available only "in the interest of justice," and requests for discovery frequently are denied. Yet, a party may be aware of information from a related District Court case that is relevant to an IPR proceeding. If the use of such information outside the District Court action is prohibited due to a confidentiality order, how might a party rely on such information in the IPR proceeding if the PTAB is not likely to grant a request for such discovery? The Finjan, Inc. v. Juniper Networks, Inc. case provides useful guidance. Case No. 17-cv-05659-WHA (N.D. Cal.).
Read the full article at ptablitigationblog.com.