In a 7-2 decision written by Justice Ginsburg, the U.S. Supreme Court, in Thryv, Fka Dex Media v. Click-To-Call Techs., No. 18-916, 2020 U.S. LEXIS 2406 (2020), held that the Patent Trial and Appeal Board's ("Board") decision...more
4/23/2020
/ § 314(d) ,
§ 315(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
On October 31, 2019, a three-judge panel of the Court of Appeals for the Federal Circuit ("CAFC") issued a decision, authored by Judge Moore, in Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140. The CAFC held that the...more
11/5/2019
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Appointments ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Principle Officers ,
Remand ,
Removal ,
USPTO ,
Vacated
A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more
7/18/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Patent Litigation ,
Patents ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
USPTO ,
Vacated ,
Veterans' Benefits