In a first step for securing rare early discovery in an IPR proceeding, McKool Smith secured leave for its patent-owner client Good Technology to file a motion seeking discovery related to the petitioner’s lack of standing under the one-year bar provisions of the AIA, 35 U.S.C. § 315(b), despite vigorous opposition from the petitioner. Discovery in IPRs is limited to the deposition of witnesses submitting affidavits and declarations and “what is otherwise necessary in the interest of justice.” 35 U.S.C. § 316(a)(5).
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