News & Analysis as of

Oral Argument Patent Trial and Appeal Board

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

Introduction (Federal Circuit IP Appeals: Summaries of Key 2023 Decisions)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

McDermott Will & Emery

PTO Issues Oral Hearing Guide for Patent Trial & Appeal Board Proceedings

McDermott Will & Emery on

On August 31, 2023, the US Patent & Trademark Office (PTO) published an Oral Hearing Guide to aid parties with oral arguments before the Patent Trial & Appeal Board. The newest Oral Hearing Guide updates the 2019 Oral Hearing...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court Grapples with Patent Enablement - April 2023

The Supreme Court heard oral argument in Amgen v. Sanofi last week in an extended session with argument from the parties and the U.S. government.  Petitioner was represented by Jeffrey Lamken, Respondents by Paul Clement, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Arguments Scheduled in CRISPR Interferences

On October 24th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings for interferences between Sigma-Aldrich (Senior Party) and Junior Party The Regents of the University of California, University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Arguments Rescheduled in CRISPR Interferences

On August 16th, the Patent Trial and Appeal Board rescheduled back-to-back oral hearings for interferences between ToolGen Inc. (Senior Party) and Junior Party The Broad Institute, Massachusetts Institute of Technology...more

Fish & Richardson

Fish Post Grant Radio: Episode #16: Kevin McNish, McNish PLLC

Fish & Richardson on

Fish principal and host Rick Bisenius speaks with Kevin McNish from McNish PLLC to discuss appeals to the Federal Circuit from the PTAB, including: - What factors to consider when deciding whether to request a rehearing at...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Trial and Appeal Board Set Date for Oral Hearing in Interference No. 106,115

The Patent Trial and Appeal Board has set February 4th at 1:00 pm EST for the Oral Hearing in the Priority Phase of Interference No. 106,115 between the Broad Institute, Harvard University, and MIT (collectively, "Broad") as...more

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

PTAB Strategies and Insights - November 2021: USPTO Lowers Hurdle for LEAP Participation

As we discussed in a previous newsletter, the Legal Experience and Advancement Program (LEAP) is a tremendous success for the PTAB, practitioners, and clients alike. In a little over 18 months, less experienced...more

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

PTAB Strategies and Insights - November 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

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

PTAB Strategies and Insights - September 2021: Observations from the September 17, 2021, LEAP Arguments and Bench Discussion

The Patent Trial and Appeal Board (PTAB) and AIPLA’s PTAB Trial Subcommittee continue to strengthen the Legal Experience and Advancement Program (LEAP), in which the PTAB incentivizes parties to allow junior practitioners...more

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

PTAB Strategies and Insights - September 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Morrison & Foerster LLP - Federal Circuitry

The Latest on Federal Circuit Cases before the Supreme Court

The Supreme Court Term is winding down, with just one oral argument remaining and about two months before the last opinion release. Today, we’re checking in on the main Federal Circuit cases on the Court’s docket—including...more

Morrison & Foerster LLP - Federal Circuitry

Revisiting Cancelled Oral Arguments

It has been a little while since we took a look at what—from a statistics standpoint—went down at recent oral arguments. Since the Federal Circuit went remote, there was an initial wave of a high percentage of appeals that...more

Morrison & Foerster LLP - Federal Circuitry

Will Your Appeal Have Argument Soon?

There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently.  Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in...more

Kilpatrick

Petitioner And Amicus Briefs Lay Out Arguments In Supreme Court Fight Over Assignor Estoppel

Kilpatrick on

As previously reported, in January 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on the question of “whether a defendant in a patent infringement action who assigned the...more

Jones Day

Apple v. Iancu: Oral Argument on Motion to Dismiss and Plaintiff Summary Judgment Motion

Jones Day on

Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...more

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

Arthrex SCOTUS Oral Arguments on Monday! We’ll Be Live Tweeting Updates

When oral arguments commence in United States v. Arthrex, Inc., No. 19-1434 (U.S.) on Monday, March 1, William H. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live tweeting updates from...more

Morrison & Foerster LLP - Federal Circuitry

It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean?

Since we started this blog, we have taken a look at win-loss percentages a number of times.  Now that we recently updated our statistics, we took another look.  This time we thought we’d add a twist to our calculations by...more

Morrison & Foerster LLP - Federal Circuitry

Who Gets Oral Argument (Revisited): January Argument Recap/February Argument Preview

Out with the old, and in with the new: it’s Court week for the short February month, so we thought we’d revisit what happened at oral arguments last month and what’s happening now....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Foley & Lardner LLP

Setting the Stage: Court Sets Oral Argument in Arthrex Cases

Foley & Lardner LLP on

The U.S. Supreme Court has scheduled oral argument in the Arthrex cases (docket 19-1434) for March 1, 2021. And, as of January 11, 2021, the Court has accepted the oral argument time divisions proposed by the Acting Solicitor...more

Morrison & Foerster LLP - Federal Circuitry

No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic

Last week, Seth Lloyd and I noticed that there had been two more Rule 36s in appeals without oral argument from the Federal Circuit’s November sitting.  And then yesterday, Bloomberg’s Perry Cooper tweeted that two more...more

Morrison & Foerster LLP - Federal Circuitry

November Oral Argument Recap

Thanksgiving has come and gone, and we’ve all hopefully had a chance to ponder what we’re thankful for (including that a wild 2020 is about to close). Next week marks the start of the Federal Circuit’s last oral argument...more

Morrison & Foerster LLP - Federal Circuitry

Orders of Interest Roundup, Arthrex Style

At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more

Morrison & Foerster LLP - Federal Circuitry

October Oral Argument Recap

Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more

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