Limitations on Discovery in Inter Partes Review Proceedings

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Limitations on Discovery in Inter Partes Review Proceedings


(These latest Intellectual Property (IP) news and events presented here,are prepared and compiled by us,the World Patent & Trademark Law Office (WPTO),for your reference and information)


    Companies accused of patent infringement have a number of basic alternatives to contemplate: settle the matter; defend the suit; or consider resort to a post grant patent proceeding at the United States Patent and Trademark Office (USPTO). With an eye towards cost, risk and accurate resolution, inter partes review (IPR) proceedings are an attractive alternative to settling or defending. 

    IPR proceedings are adjudicated by a panel of three Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board (PTAB), who determine the validity of the patent at issue. In addition to a law degree and extensive patent law experience, APJs have a technical degree and are generally assigned to a case based on knowledge in a particular area of science. Therefore, a case with any scientific or technical complexity might be suitable for resolution before a PTAB panel. According to some researchers, an IPR proceeding should prove to be about an order of magnitude more cost effective than standard District Court litigation. And, while the average time to trial in District Court is about 27 months, by statute, an IPR hearing will go to decision within one year. 

    In District Court litigation, a predominant cost and consumption of litigation resources stems from discovery, both fact and expert. Here is where IPR might be an attractive option.

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(IP Law Alert)

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