PTAB decisions

PTAB Decisions on Evidence and Discovery

These notes cover PTAB orders on additional discovery, motions to seal, motions to exclude and other evidentiary questions, including the Garmin factors for additional discovery in inter partes review.

Discovery in AIA trials is narrower than in district court. Routine discovery covers cited exhibits and cross-examination of declarants; anything more needs Board authorization under an interests-of-justice standard (IPR) or a good-cause standard (PGR and former CBM review). The notes here show how the Board has applied those standards.

Designations and rules change. Before relying on any decision, confirm its current status on the USPTO PTAB pages.

Decisions in this category