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Patents Ex-Parte Communications

McDermott Will & Emery

No Due Process Violation When New Panel Hears Substantive Arguments

McDermott Will & Emery on

Affirming a Patent Trial and Appeal Board (Board) non-obviousness determination, the US Court of Appeals for the Federal Circuit found that the Board did not abuse its discretion in sanctioning a patent owner who engaged in...more

McDermott Will & Emery

Ex Parte Communications Lead to PTAB Sanctions

Finding that several of the patent owner’s communications were improper ex parte communications, the Patent Trial and Appeal Board (PTAB) entered an order granting in part the petitioner’s motion for sanctions. Apple Inc. v....more

Jones Day

Patent Owner Sanctioned For Ex Parte Communications

Jones Day on

Under 37 C.F.R. § 42.5(d), communications with a Board member regarding a specific proceeding are not permitted “unless both parties have an opportunity to be involved in the communication.” This prohibition, however, does...more

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