Monday, February 25, 2019 9:17:46 PM
B. Worlds waived any challenge to the denial of discovery motions.
Worlds also does not establish that a relitigation is warranted by “differences
in the quality or extensiveness of the procedures” between the original forum and
the later forum. B&B Hardware, 135 S. Ct. at 1303. The discovery procedures
available in the final IPRs were identical to those available in the appealed IPRs.
Worlds did not make any RPI discovery requests after institution and did not
request rehearing from the Board. Worlds also did not seek review of the Board’s
Patent Owner's Exhibit 2101
Page 15 of 35
-12-
discovery orders. Worlds Inc., 903 F.3d at 1241. The Board’s denial of Worlds’s
discovery requests was not an abuse of discretion. See Wi-Fi One, 887 F.3d at
1338-39 (denial of RPI discovery was not abuse of discretion). Worlds has
abandoned its discovery requests on remand. Ex. 1051 at 14:4-17:25 (arguing
against opening the evidentiary record). Worlds certainly may not justify
relitigating the RPI issue based on its abandoned discovery requests.
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