McDonnell Boehnen Hulbert & Berghoff LLP partner Alison Baldwin and former MBHB partner Lisa Schoedel co-authored an article entitled, “PTAB Holds A Firm Line On Additional Discovery” that appears in the February 20, 2015 online edition of Law360.com. When Congress created the inter partes review and covered business method review procedures for challenging the validity of an issued patent, it was intended for these processes to be quicker and more cost-effective than challenging patent validity in the district court system. One of the mechanisms Congress utilized for achieving these objectives was limiting the types of discovery allowed as part of the IPR and CBM processes. This was a lofty goal, and pundits questioned whether this restricted scope of discovery could be maintained in practice. View the article (subscription required)
Note: this article originally appeared in the MBHB Fall 2014 edition of snippets publication.