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In re Motorola and the Return of PTAB Discretion Revisiting Fintiv, Sotera, and the Limits of Judicial Review

The Patent Trial and Appeal Board’s (“PTAB’s”) authority to exercise discretion over whether to institute Inter Partes Review (“IPR”) proceedings has become one of the most consequential features of post-grant practice before...more

Ethicon’s Surgical Stapler Patent Held Invalid by the Federal Circuit

In Ethicon LLC v. Intuitive Surgical, Inc., the Court of Appeals for the Federal Circuit (“CAFC”) upheld a finding from the Patent Trial and Appeal Board (“Board”) the claims of Ethicon’s patent directed to a surgical stapler...more

How Different Claim Construction Standards Can Ultimately Determine the Validity of a Patent

Recently, the Federal Circuit issued a decision in Immunex Corp. v. Sanofi-Aventis U.S. LLC addressing the different claim construction standards used by the Patent Trial and Appeal Board (“PTAB”) (broadest reasonable...more

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