Non-precedential Decision Faults Long-Standing PTAB
Practice
Securing additional IPR
discovery at the Patent Trial & Appeal Board is a
challenge. This is because, such discovery is not accorded as a
matter of right, but in the interests of justice. And, frequently,
such requests are speculative attempts to add unnecessary
complexity to an otherwise streamlined proceeding.
Often times, the Board simply denies requests to authorize a
motion on additional discovery via teleconference. That
is, the call to receive authorization to file the motion also
functions as a hearing of sorts on the merits of the requested
motion.
Earlier this week, the Federal Circuit faulted the Board's
practice of denying motion practice in this manner, holding that
parties have a right to file motions.
