News & Analysis as of

Post-Grant Review Certiorari

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

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

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 largely continue its operations....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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Return Mail, Inc. v. Postal Service

On June 10, 2019, the Supreme Court of the United States decided Return Mail, Inc. v. Postal Service, No. 17-1594, holding that the United States Postal Service is not “a person” able to seek post-issuance review of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Return Mail, Inc. v. United States Postal Service (2019)

In a 6-3 decision, the Supreme Court today held that federal government agencies cannot avail themselves of America Invents Act (AIA) post-grant proceedings.  This decision was based on the Court's determination that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court to Decide if Government Can Bring AIA Proceedings

On Friday, October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. U.S. Postal Service, in order to answer the question whether the government can bring post-grant review proceedings under the...more

Dorsey & Whitney LLP

The Supreme Court - October 29, 2018

Dorsey & Whitney LLP on

On Friday afternoon, October 26, 2018, the Supreme Court of the United States granted certiorari in three cases: Return Mail, Inc. v. USPS, No. 17-1594: Whether the government is a “person” who may petition to institute...more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

WilmerHale on

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

Dorsey & Whitney LLP

The Supreme Court - April 24, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: The Leahy-Smith America Invents Act, 35 U.S.C. §100 et seq., went into effect...more

Dickinson Wright

Will Inter Partes Reviews Be Abolished By The Supreme Court?

Dickinson Wright on

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

McDonnell Boehnen Hulbert & Berghoff LLP

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's...

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

Snell & Wilmer

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

Snell & Wilmer on

The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s...more

Knobbe Martens

Supreme Court Will Decide Whether IPRs Are Unconstitutional

Knobbe Martens on

The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents – is unconstitutional in Oil...more

Orrick, Herrington & Sutcliffe LLP

High Court to Address Constitutionality of Inter Partes Reviews

On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (U.S. June 12, 2017) granted certiorari to decide next term if certain American Invents Act (AIA) review proceedings,...more

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

Supreme Court to Review the Constitutionality of AIA Patent Review Proceedings

Yesterday, the Supreme Court granted certiorari in a case that may have profound implications for U.S. patent law by abolishing inter partes reviews at the U.S. Patent & Trademark Office (USPTO). In Oil States Energy...more

Foley & Lardner LLP

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

Foley & Lardner LLP on

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

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