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Seeking District Court Assistance For An IPR Proceeding, PTAB Litigation Blog

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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.).

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