PTAB Grants-in-Part Petitioner Instradent USA’s Motion for Additional Discovery

May 19, 2016 – The PTAB, on May 17, 2006, issued a decision granting-in-part petitioner Instradent’s motion for additional discovery. Additional discovery may be ordered if the party moving for the discovery shows “that such additional discovery is in the interests of justice.” The Board utilized the five factors articulated in Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC in deciding whether the additional discovery is in the interests of justice. The patent at issue is U.S. Patent No.8,714,977, entitled “Condensing skeletal implant that facilitate insertions.”

The petition is pending in the United States Patent Trial and Appeal Board and is captioned: Petition for Inter Partes Review by Instradent USA, Inc., PTAB-IPR2015-01786.

By: David G. Varghese