A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board.
On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc.,...more
7/1/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
In a relatively quiet third quarter of 2020, the Federal Circuit decided issues on joinder, estoppel, claim preclusion, and importantly, upheld the Patent Trial and Appeal Board process finding that cancellation of patent...more
12/7/2020
/ Claim Preclusion ,
Estoppel ,
Fifth Amendment ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Joinder ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law.
In this first edition covering the first quarter of 2020, the...more
5/12/2020
/ Copyright ,
Corporate Counsel ,
Design Patent ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Prior Art ,
Settlement Agreements ,
Sovereign Immunity ,
Time-Barred Claims ,
Trademarks
The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term.
Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more
7/3/2019
/ Certiorari ,
Defense Strategies ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Time-Barred Claims ,
Trademark Litigation ,
Trademarks ,
USPTO ,
Willful Infringement
The Patent Trial and Appeal Board ("PTAB") has issued a precedential opinion that gives a green light to same-party and issue joinder. This practice will provide discretion to PTAB judges to allow a petitioner to add new...more