Inter Partes Review: Motion for Additional Discovery Regarding Commercial Success (Patent Owner) | Practical Law

Inter Partes Review: Motion for Additional Discovery Regarding Commercial Success (Patent Owner) | Practical Law

A sample motion for additional discovery regarding the commercial success of a petitioner product embodying the challenged patent claims in an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) under 37 C.F.R. §§ 42.22 and 42.51(b)(2)(i). This Standard Document includes language that a patent owner's counsel may use as a starting point to describe the precise relief requested, material facts, and supporting argument, including application of the factors identified in the PTAB's precedential Garmin International, Inc. v. Cuozzo Speed Technologies LLC decision (the "Garmin Factors"). This Standard Document also has integrated drafting notes with important explanations and drafting tips.

Inter Partes Review: Motion for Additional Discovery Regarding Commercial Success (Patent Owner)

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A sample motion for additional discovery regarding the commercial success of a petitioner product embodying the challenged patent claims in an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) under 37 C.F.R. §§ 42.22 and 42.51(b)(2)(i). This Standard Document includes language that a patent owner's counsel may use as a starting point to describe the precise relief requested, material facts, and supporting argument, including application of the factors identified in the PTAB's precedential Garmin International, Inc. v. Cuozzo Speed Technologies LLC decision (the "Garmin Factors"). This Standard Document also has integrated drafting notes with important explanations and drafting tips.