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Inter Partes Review (IPR) Proceeding Patent Litigation Denial of Certiorari

Jones Day

Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

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On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360...more

Kramer Levin Naftalis & Frankel LLP

United States Calls for Supreme Court to Deny Petition for Certiorari Challenging Fintiv Factors

On Oct. 28, 2021, the Solicitor General filed a brief in opposition to Apple’s petition for a writ of certiorari in Apple Inc. v. Optis Cellular Tech., LLC et al. (No. 21-118). The government argued that the Federal Circuit...more

Haug Partners LLP

Standing to Appeal Post-Grant Proceedings: A Brief Review of Recent Federal Circuit Opinions

Haug Partners LLP on

On April 7, 2021, the Federal Circuit decided Apple Inc. v. Qualcomm Inc., where it held that Apple lacked standing to appeal the final written decisions in two inter partes review (“IPR”) proceedings before the U.S. Patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Security People, Inc. v. Iancu, 971 F.3d 1355...

Security People lost an inter partes review (IPR) and appealed to the Federal Circuit. It lost that appeal and was denied certiorari at the Supreme Court. Security People never raised constitutional arguments in any of these...more

Haug Partners LLP

Security People, Inc. v. Iancu, 2019-2118, 2020 WL 4873762 (Fed. Cir. Aug. 20, 2020)

Haug Partners LLP on

In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more

Jones Day

SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive

Jones Day on

The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory...more

Goodwin

Issue Twenty-Eight: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2020: Supreme Court – Decided and Pending Constitutional Challenges

Most readers have been following the impact of the Federal Circuit’s decision in Arthrex and know that an earlier and less developed Arthrex I case is on cert to the Supreme Court asking the Court to address the appointments...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Regents of the Univ. of Minn. v. LSI Corp., 926 F.3d 1327...

LSI and Ericsson petitioned for inter partes review (IPR) of several patents owned by the University of Minnesota (UMN). UMN moved to dismiss each IPR based on state sovereign immunity. The Patent Trial and Appeal Board...more

Womble Bond Dickinson

State Sovereignty 101: State Universities Not Immune to IPR Proceedings

Womble Bond Dickinson on

School may be out for the summer, but public colleges and universities would do well to spend their break shoring up strategies and defenses against potential inter partes review (“IPR”) proceedings. Last week the Federal...more

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