“Top 5 IPR Discovery Tips For Patent Owners”
Law360 01/09/15 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.