March 24, 2016 – Petitioners Institut Straumann AG, Instradent AG, Instradent USA Inc., JJGH Industria e Comercio de Materiais Dentarios S/A, Staumann Holding AG requested leave to file a motion for additional discovery in the instituted IPR proceeding of U.S. Patent No. 8,714,977 (“Condensing Skeletal Implant that Facilitate Insertions”), owned by Nobel Biocare Services AG and Nobel Biocare USA LLC. The patent at issue is directed towards a dental implant whose design facilitates insertion. Nobel opposed the request for additional discovery during a conference call because similar discovery had occurred in related ITC litigation. The Board granted the Petitioners’ request of leave, and required the motion identify the specific discovery requests sought, explain why such discovery is narrowly tailored and not a ‘fishing expedition,’ and further address any prior efforts to obtain that discovery in the related ITC litigation.
By: H. Rachael Million-Perez