PRACTICE AND PROCEUDRE – application to set aside notice to produce served on prospective applicant – where prospective respondent’s nanopore sequencing devices may fall within the scope of one or more claims of patents owned by the prospective applicant – where category 1 seeks documents recording or evidencing prospective applicant’s belief that it may have the right to obtain relief from the prospective respondent – material sought is not reasonably likely to add to the relevant evidence in proceeding – where category 3 seeks documents recording or evidencing any delegation of authority relevant to the making of any decision by the prospective applicant to commence proceedings against the prospective respondent for patent infringement – where prospective applicant’s decision to commence proceedings is a decision of the board and its evidence does not refer to any such delegation – notice to produce be set aside
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