Tuesday, May 13, 2014

No Additional IPR Discovery Concerning Real-Party-in-Interest

Following the filing of the proposed interrogatories, the Board denied the patent owner's request to file a motion for additional discovery. "Patent Owner requested, based on the information provided in the patent owner preliminary response, the filing of a motion for additional discovery to seek information on whether Google Inc. is a real party-in-interest for the Petitioner. . . . We have considered Patent Owner’s proposed interrogatories, and find that they are not 'focused' as was represented by counsel for Patent Owner in [an earlier conference call]. For instance, the interrogatories are not limited to questions concerning the filing of inter partes review of Patent 6,738,799, but refers generally to challenges of invalidity of Patent 6,738,799 anywhere. Also, with regard to payment of money, the interrogatories inquire about payments by entities other than Google Inc., and ask about payments by Google Inc. not necessarily related to the filing of the petition in this proceeding . . . . It is ordered that Patent Owner is not authorized to file a motion for additional discovery which includes the proposed interrogatories submitted [yesterday]."

Petition for Inter Partes Review by Unified Patents, Inc., IPR2013-00586 (PTAB May 7, 2014, Order) (Lee, APJ)

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