Mere Existence of JDG Found to be Enough

It can be an uphill battle to secure additional discovery at the Patent Trial & Appeal Board (PTAB) given the “interests of justice” standard of IPR proceedings. For this reason, Patent Owners seeking discovery on petitioner relationships — to discover unnamed parties in RPI/privity disputes — are frequently turned away absent “smoking gun” evidence of such a relationship.

However, a recent decision of the Board appears to take a far more liberal view of multi-defendant relationships where a Joint Defense Group (JDG) is known to exist.
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