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Prior Art Statute of Limitations

McDermott Will & Emery

That IPR Could Have Been Your IPR: PTAB Denies Institution of Serial Petition Filed by Different Party

Addressing the scope of its discretion to institute or deny a petition under 35 USC §§ 314(a) and 325(d), the Patent Trial and Appeal Board (PTAB) designated as precedential two recent decisions denying institution of inter...more

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

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Knobbe Martens

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

Skadden, Arps, Slate, Meagher & Flom LLP

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

Knobbe Martens

PTAB Estops Follow-On Petition for Inter Partes Review Based New Combinations of Prior Art Raised in Earlier Petition

Knobbe Martens on

Dell, Inc. v. Electronics & Telecommunications Research Institute, IPR2015-00549, Paper 10 (P.T.A.B. Mar. 26, 2015) - The Board recently added a decision denying inter partes review in Dell, Inc. v. Electronics &...more

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