The Patent Trial and Appeal Board (PTAB) remains a popular and busy venue for post-grant review of patents. But PTAB litigants may not think about potential third-party subpoenas, which can take significant time and effort to obtain. It is possible, however, to obtain a subpoena in a PTAB case.
In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest ("RPI") and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022).
We're talking about practice? Well, I was a practicing engineer before attending law school, and a lot of what I do as an attorney relates to my background in electrical engineering.
On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner's Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398.
The PTAB was not persuaded that the Petitioner's requested information would be "favorable in substantive value to a contention of the party seeking discovery."