PTAB Invokes Inherent Authority to Sua Sponte Order Post-Hearing Discovery on Privity Issue

August 29, 2025IPRs, Inter Partes Review, Patent Litigation

In a recent order addressing four IPR proceedings, the PTAB exercised its inherent authority under 37 C.F.R. § 42.5(a) to sua sponte authorize post-hearing discovery on a potentially dispositive privity issue. The order followed a Director review decision that vacated and remanded earlier IPRs involving the same parties, patent family, and privity issue. 

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