In Garmin Int’l, Inc. v. Cuozzo Speed Tech. LLC, IPR2012-00001, (PTAB March 5, 2013), the Board set forth five factors—commonly referred to as the Garmin factors—for determining whether “additional discovery” will be granted to a party during a proceeding before the Board, such as an inter partes review (IPR) covered business method review (CBM) or post-grant review (PGR). Briefly, the five Garmin factors are:
1. More Than A Possibility And Mere Allegation;
2. Litigation Positions And Underlying Basis;
3. Information Of Which Equivalent Information Can Be Generated By Other Means;
4. Made Via Easily Understandable Instructions; and
5. Overly Burdensome To Answer.