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“Top 5 IPR Discovery Tips For Patent Owners”

Law360 Carly S. Levin

Following is an excerpt:

Patent owners should consider engaging a new expert for IPR proceedings. Routine discovery during an IPR proceeding is automatic and does not require a motion or requests for discovery because the producing party has the obligation to provide the material on its own. A party relying on a witness's testimony by declaration or affidavit must make that witness available for cross-examination as a part of routine discovery.