Posts Tagged: discovery


Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review

The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ...  PGRs are …
By Ryan Kenny
1 year ago 5

The Biggest Trade Secret Loophole You’ve Never Heard Of

What would you think if I told you that anyone from France or China or Brazil that was just thinking about some legal action in their country …
By James Pooley
2 years ago 6

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
2 years ago 2

St. Regis Tribe requests oral hearing, seeks discovery on political pressure at PTAB

The St. Regis tribe is seeking discovery on due process concerns posed by the potential of political or third-party pressure asserted to “reach an outcome inconsistent with …

CAFC denies Amgen discovery in biosimilar patent dispute

In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery …

Northern District of California revises local patent rules, requires damages disclosures early and often

Damages discovery in patent cases is usually contentious, expensive, and non-uniform in application by the courts. The patent owner, on one hand, wants to discover all possible …

Could an Email Stub Be the Downfall of Your Next Legal Case?

When responding to an eDiscovery request, you have likely experienced clients that have on premises email archives. The standard discovery process that the email archive vendors suggested …
By Bill Tolson
3 years ago 0

What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice

The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
By Eric Ball & Emily Gische
3 years ago 0

How Artificial Intelligence Helps Lawyers Compete in today’s Data-driven World

The law waits for no one and neither does AI, which has already made a lasting impact in many areas of business, including the practice of law. …
By Derek Handova
4 years ago 0

Source Code Review: Mitigating Risks and Reducing Costs

Source Code Review is the most powerful tool in a litigator’s war chest in patent and trade secrets cases. An important consequence of the judicial climate …
By Rahul Vijh
4 years ago 1

Patent Office amends PTAB Trial Practice Rules

Last week, on Friday, April 1, 2016, the United States Patent and Trademark Office published a final rules in the Federal Register. These newly minted final rules, which become …
By Gene Quinn
4 years ago 8

Questions Corporate Counsel Should Ask to Get Maximum Value from E-Discovery

The volume of electronic data and the costs involved in collecting, culling and reviewing electronically stored information (ESI) are critical considerations in any litigation, large or small. …

The Ups and Downs of the Innovation Act of 2015

Strong patent protection is almost universally considered critical to robust innovation. Venture capital and private investment in new technology-based businesses heavily depend upon it. Yet, the Innovation …
By Glenn Forbis
5 years ago 5

Judges Increasingly Allow Discovery of Private Facebook Content

The court ruled that the relevance of her photographs greatly outweighed Nucci’s minimal privacy interest. Nucci argued that she had a legitimate expectation of privacy in …
By Heather Antoine
5 years ago 1

Innovation Act makes patents harder to enforce, easier to infringe

Many of the provisions of H.R. 9 would unnecessarily undermine the enforceability of all U.S. patent rights, even when clearly valid patents are being enforced in …
By Brian Pomper
5 years ago 26