Articles

David Farsiou, Timothy Doyle Article Examines Issue of Additional Discovery in Inter Partes Review

Articles / September 13, 2018

Partner David Farsiou and Associate Timothy Doyle authored an article published in the July/August issue of IP Litigator. The article, “Additional Discovery of Clinical Trial Data in Inter Partes Review (IPR),” is an analysis of Apotex, Inc. et al. v. Novartis AG, in which the petitioner, Apotex, sought and was granted, discovery of a Phase III clinical trial protocol from the patent owner, Novartis. Farsiou and Doyle note that in seeking the discovery, Apotex appears to have relied upon the statements made by a Novartis expert in deposition to substantiate the existence of useful information within the possession of the patent owner, a main factor supporting the grant of additional discovery in an IPR proceeding.

Read the article.