News & Analysis as of

Motion to Compel Patent Litigation Discovery Disputes

Akin Gump Strauss Hauer & Feld LLP

District Court Declines to Order Production of Test Results Referenced in Complaint and Initial Disclosures

The Northern District of Ohio denied a motion to compel the plaintiff to produce test results referenced in its initial disclosures and complaint. The court found that because the “test results are not facts but rather are...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Common Interest May Protect Communications with Third Parties from Discovery, but Not Always

The District of Delaware recently denied in part a motion to compel production of documents and testimony between a patentee and potential investors, valuation firms and an international bank based on the common interest...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: October 2023

Fish & Richardson on

The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up - Q1 2022

Fish & Richardson on

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more

Mintz - Intellectual Property Viewpoints

No Fishing Allowed: Discovery of Litigation Funding Requires Articulation of Relevance Beyond Speculation

A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more

Mintz - Intellectual Property Viewpoints

International Trade Commission ALJ Holds that Relying on Pre-Suit Testing Waives Privilege Protection

A recent order from International Trade Commission Administrative Law Judge Elliott provides helpful guidance regarding a common ITC discovery dispute: whether a party may withhold from discovery as work product pre-suit test...more

Fish & Richardson

Discovery Battles in AbbVie v. Boehringer Ingelheim

Fish & Richardson on

The many discovery disputes between AbbVie and Boehringer Ingelheim (“BI”) over BI’s biosimilar of HUMIRA® (adalimumab) in the Delaware District Court are providing insight on the bounds of discovery in Biologics Price...more

Jones Day

Speculation Insufficient To Justify Routine Discovery

Jones Day on

The PTAB has discretion to permit “routine discovery” under 37 C.F.R. §42.51(b)(1)(iii) when that discovery “is narrowly directed to specific information known to the responding party to be inconsistent with a position...more

Goodwin

Status Update on Janssen v. Celltrion

Goodwin on

As we previously reported in the dispute brought by Janssen against Hospira and Celltrion regarding infliximab, Defendants filed a motion to dismiss the 2015 and 2016 consolidated actions for lack of standing. In those...more

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