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Time Extensions Patent Litigation

Dechert LLP

A Tale of Two Districts: Patent Trials in the Eastern and Western Districts of Texas During the COVID-19 Pandemic

Dechert LLP on

Both the Eastern and Western Districts of Texas are well-known for promptly calendaring patent trials. But parties’ odds of actually proceeding to trial during the COVID-19 pandemic may vary between the Districts, as shown by...more

Spilman Thomas & Battle, PLLC

U.S. PTO COVID-19 Update: Patent Office Extensions Through May 31, 2020

The Director of the U.S. Patent and Trademark Office on April 28, 2020 signed a Notice of Extended Waiver for certain deadlines associated with patent-related filings, if the missed deadline resulted from situations relating...more

Akin Gump Strauss Hauer & Feld LLP

The USPTO Provides Deadline Extensions Through the CARES Act, Including for Inter Partes Reviews at the Patent Trial and Appeal...

- The CARES Act grants the Director of the USPTO temporary authority to “toll, waive, adjust, or modify” statutory deadlines under the Title 35 of the United States Code governing patent law. - In a Notice published on...more

Dechert LLP

Expect Already-Instituted IPRs & PGRs to Move Forward in a Time of COVID-19-Related Delays

Dechert LLP on

Key Takeaways - On March 31, 2020, PTO Director Andrei Iancu ordered the PTAB to grant any requests for extensions for pre-institution briefing schedules for any COVID-19-related delays. - Significantly, the March 31...more

Goodwin

Genentech v. Amgen Jury Trial Postponed

Goodwin on

On March 13, 2020, Genentech and Amgen agreed to vacate all pre-trial deadlines and their April 20, 2020 trastuzumab biosimilar jury trial date, due to an issue with a document vendor. The parties’ stipulation was ordered by...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Motion to Excuse Late Filing of Exhibits to IPR Petition

The Patent Trial and Appeal Board (PTAB) has denied a petitioner’s motion to excuse the late filing of the exhibits to its petition for inter partes review (IPR). The PTAB found that the petitioner had failed to show good...more

Jones Day

PTAB Provides Glimpse Of What Is Good Cause To Extend Trial

Jones Day on

The PTAB may, where good cause exists, extend a trial up to six months beyond the required twelve month length pursuant to 35 U.S.C. §316(a)(11). On October 5, 2017, the PTAB issued its first “good cause” extension of a trial...more

Knobbe Martens

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

Knobbe Martens on

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

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