What can a party do if they cannot agree on obtaining an inventor's testimony?

In situations where a party cannot reach an agreement on obtaining an inventor's testimony, filing an authorized motion for discovery is the appropriate course of action. This process allows the party to formally request the court to compel the production of the testimony, thus facilitating the gathering of essential evidence for their case.

The discovery process aims to ensure that both parties have access to relevant information, which can significantly influence the outcome of patent-related proceedings. Through this motion, the requesting party can present their argument for why the inventor's testimony is necessary and persuade the court to order the other party to comply. This is particularly important in cases where the testimony might clarify critical points regarding the invention’s conception, reduction to practice, or any other aspects pertinent to patent validity or infringement.

Proceeding without the testimony or simply waiting for the opposing party to agree could potentially weaken their position, as they might miss out on evidence that could be crucial for supporting their claims or defenses. Seeking third-party mediation is an option for conflict resolution but does not specifically address the need for testimony under the patent laws or discovery rules.