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Existence != Access – Public Accessibility Must be Clear

In a recent decision, the Patent Trial and Appeals Board denied institution of inter partes review after holding that Petitioner Microsoft’s key obviousness reference did not qualify as a printed publication. Microsoft Corp....more

HE HAD THE POWER – Hirshfeld Decisions Stand

A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line...more

Rolling The Dice – Discretionary Denial And Forum Selection Clauses

* The Federal Circuit has just issued an additional decision in this dispute today. We will cover that development further shortly. In a recent decision, the Patent Trial and Appeals Board granted institution of inter...more

A Cautionary Tale: Paying IPR Filing Fees Via Wire Transfer

A June 25, 2021 decision by the PTAB has clarified that when paying the filing fee via wire transfer, the inter partes review (“IPR”) petition filing date is based upon when the funds are made available to the USPTO.  ...more

New Intellectual Property Considerations and Risks for Autonomous Vehicles

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

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