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ARTICLE · 09 SEPTEMBER 2015

Additional Discovery Scrutinized By PTAB For Scope And Purpose

McDermott Will & Emery
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The petitioner, Arris Group, filed a petition requesting inter partes review (IPR) of claims of a patent that had been the subject of an earlier IPR involving the same parties and different claims of the same patent.

United StatesIntellectual Property
Mark Bentley
Mark Bentley
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Arris Group Inc. v. C-Cation Technologies LLC

In an order granting a patent owner's motion for additional discovery, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board) ordered a petitioner to produce specific documents identified in the patent owner's Motion. Arris Group Inc. v. C-Cation Technologies LLC, Case IPR2015- 00635 (PTAB, May 1, 2015) (Pettigrew, APJ.).

The petitioner, Arris Group, filed a petition requesting inter partes review (IPR) of claims of a patent that had been the subject of an earlier IPR (IPR2014-00746) involving the same parties and different claims of the same patent.

In the first IPR proceeding, the patent owner, C-Cation, had sought discovery of an indemnification agreement that it argued would show that the petitioner was barred from challenging the patent under 35 U.S.C. § 315(b). According to the patent owner, the agreement would show that the petitioner had a business relationship with a third

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