Takeaway: The Board may authorize the filing of a motion for additional discovery for production of documents relating to copying.

In its Order, the Board authorized Patent Owner to file a motion for additional discovery and Petitioner to file an opposition to the motion. Patent Owner seeks discovery of documents relating to copying by Petitioner, arguing that they are relevant to nonobviousness.  Petitioner opposes, arguing that production of the requested discovery would be burdensome and costly, and are of little relevance because they related to infringement issues rather than patentability.  The Board authorized briefing on the issue.

Silicon Laboratories, Inc. v. Cresta Technology Corporation, IPR2014-00728, IPR2014-00809; IPR2014-00881
Paper 21: Order on Conduct of the Proceedings 
Dated: November 17, 2014 
Patent: 7,075,585 B2; 7,265,792; 7,251,466 
Before: Phillip J. Kauffman, Gregg I. Anderson, and Patrick M. Boucher
Written by: Boucher