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

Filing an authorized motion for discovery is the correct approach when parties cannot agree on obtaining an inventor's testimony. In patent litigation, discovery is a formal process that allows parties to obtain evidence from each other. If a party believes that the testimony of an inventor is necessary and the other party is unwilling to cooperate, they can file a motion to compel discovery in order to seek the court's intervention. This motion would request that the court order the opposing party to produce the inventor for testimony.

This process is grounded in the rules of civil procedure, which govern discovery, and allows for a judicial mechanism to ensure that relevant testimony can be accessed rather than relying solely on negotiations between parties, which may not always yield agreement.

Other options, while they may seem viable in certain contexts, do not provide the same level of direct recourse to obtain the necessary testimony. Mediation is generally a process aimed at resolving disputes amicably but might not effectively compel testimony. Simply waiting for the opposing party to agree could lead to unnecessary delays, and proceeding without the testimony may weaken a party's position if that testimony is critical for their case. Thus, pursuing a motion for discovery is the appropriate and efficient course of action in this scenario.