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ARTICLE · 30 AUGUST 2018

PTAB Grants Rare Motion For Additional Discovery

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This is consistent with the limited discovery in proceedings held before the PTAB.

United StatesIntellectual Property
Gasper LaRosa
Gasper LaRosa
Mital B. Patel
Mital B. Patel
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The PTAB recently granted a rare motion for additional discovery into the question of whether an unnamed party, Amneal Pharmaceuticals, LLC ("Amneal"), should have been named as a real-party-in-interest. In Kashiv LLC v. Purdue et al., Case IPR2018-00625 and -00717 (PTAB July 31, 2018) (Paper 9) (sealed), Patent Owners moved to compel the depositions of the President of Petitioner and the chief executive officer of Amneal based on evidence that demonstrated these individuals are in possession of critical information concerning the relationship between Petitioner and Amneal. Concurrent to granting the motion for additional discovery, the Board ordered expedited supplemental briefing on the issue from Patent Owner and Petitioner. (IPR2018-00625, -00717, Paper 20.)

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