In Ikaria, Inc. v. GENO LLC, IPR2013-00253, Paper 20, (April 1, 2014) in lieu of granting petioner additional discovery based upon allegations that the patent owner had not undertaken a reasonable search for information inconsistent with a positon advanced by it, the Board ordered patent owner’s counsel to file a signed certification that:

Upon reasonable search and inquiry, any relevant, nonprivileged information that is inconsistent with a position advanced by Patent Owner during this proceeding, has been produced or does not exist.