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PTAB Abused Discretion in Denying Request to File Motion for Additional Discovery, PTAB Litigation Blog

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In a recent appeal of two inter partes review ("IPR") decisions from the Patent Trial and Appeal Board ("Board"), The Court of Appeals for the Federal Circuit ("CAFC") held that the Board abused its discretion in denying VirnetX’s request for authorization to file a motion for additional discovery to investigate the relationship between The Mangrove Partners Master Fund, Ltd. ("Mangrove") and RPX Corporation. VirnetX Inc. v. The Mangrove Partners Master Fund, Ltd., Apple Inc., No. 2017-1368 (Fed. Cir. July 8, 2019).

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