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ARTICLE · 19 NOVEMBER 2019

PTAB Orders Production Of Raw Data And Instructions Underlying Test Results

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The Patent Trial and Appeal Board (PTAB) recently issued an Order that illustrates the circumstances in which a party may obtain additional discovery in an inter partes review (IPR).

United StatesIntellectual Property
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Matthew Hartman
Matthew Hartman
Rubén Muñoz
Rubén Muñoz
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The Patent Trial and Appeal Board (PTAB) recently issued an Order that illustrates the circumstances in which a party may obtain additional discovery in an inter partes review (IPR). In Apple Inc. v. Singapore Asahi Chemical & Solder Industries PTE Ltd., IPR2019-00377, Paper 22, the Petitioner sought production of documents related to certain “verification studies and tests” that the Patent Owner and its experts had relied on in formulating many of their key positions in the case. The tests were performed by the Singapore Institute of Manufacturing Technology (“SIMTech”). However, the Patent Owner chose not to disclose the actual test results or underlying raw data. The Patent Owner instead produced a collection of tables, charts, and graphs that it had prepared using the raw data.

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