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ARTICLE · 11 AUGUST 2016

Additional Discovery May Be Available For Requesting Documents On A Real Party-in-Interest

Brinks Gilson & Lione
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The Patent Trial and Appeal Board authorized the patent owner to file a motion for additional discovery in Inter Partes Review petition brought by the petitioner, Dr. Reddy's Laboratories, Ltd. ("Dr. Reddy"). (Case IPR2016-01113). - See more at: http://www.brinksgilson.com/additional-discovery-may-be-available-for-requesting-documents-on-a-real-party-in-interest#sthash.2G2wrgUg.dpuf

United StatesIntellectual Property
Miyoung Shin
Miyoung Shin
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The Patent Trial and Appeal Board authorized the patent owner to file a motion for additional discovery in Inter Partes Review petition brought by the petitioner, Dr. Reddy's Laboratories, Ltd. ("Dr. Reddy").  (Case IPR2016-01113). 

The patent owner, Invidior UK Limited ("Invidior") sought the Board's authorization to file a motion for additional discovery because Invidior had reason to believe that Teva Pharmaceuticals ("Teva") may be a real party-in-interest and is in privity with Dr. Reddy.   The patent owner relied on the recent press announcement of an agreement between Dr. Reddy and Teva and a related notice by the Federal Trade Commission ("FTC") and argued that the agreement allegedly would cover the drug at issue in the underlying patent infringement litigation between the parties.  Accordingly, Invidior sought authorization to serve requests for production relating to that agreement.  

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