Inter Partes Review: Opposition to Motion: Additional Discovery Regarding Real Party in Interest or Privy (Petitioner)

This legal template pertains to an inter partes review (IPR) proceeding in the United States, specifically addressing the opposition to a motion related to conducting additional discovery regarding the real party in interest or privy.

IPR is a procedure established by the U.S. Patent and Trademark Office (USPTO) under the America Invents Act (AIA). It involves the review of the validity of an issued patent, initiated by a third party (referred to as "Petitioner") challenging one or more claims of the patent. This template focuses on the Petitioner's opposition to a motion filed by the opposing party or the patent owner.

In this specific case, the opposition is related to the question of whether additional discovery, particularly regarding the real party in interest or privy, is warranted. The real party in interest is the party or entity that has a financial or other interest in the outcome of the IPR, while a privy refers to someone with a close relationship to the real party in interest. The Petitioner, who initiated the IPR, is opposing a motion put forth by the opposing party seeking to conduct further discovery on these matters.

This template would contain essential legal arguments, supporting evidence, and persuasive language to counter the opposing party's motion. It could include objections, case citations, factual analysis, and legal precedents, seeking to convince the reviewing authority (likely the USPTO's Patent Trial and Appeal Board) that additional discovery regarding the real party in interest or privy is unnecessary or unjustified.

Overall, this template would assist legal professionals, specifically those involved in intellectual property law or patent disputes, to effectively respond to an opposition motion seeking additional discovery in the context of an inter partes review under U.S. law.