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Chevron Overruled, but PTAB Likely to Emerge Unscathed

Administrative agencies long enjoyed deference from the courts under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron required courts to give leeway to agencies interpreting...more

Courts Eliminate Rights and Immunities of Governments in PTAB

Recently, the Federal Circuit issued a series of decisions that address the rights and immunities that the federal and state government have when they become party to a post-grant proceeding before the Patent Trial and Appeal...more

All or Nothing: Supreme Court Prohibits PTAB From Partially Instituting AIA Petitions Challenging Patents

On the same day that patent challengers breathed a sigh of relief once the Supreme Court upheld the constitutionality of inter partes review (IPR) in Oil States, the Court also threw a monkey wrench into the way IPRs will be...more

Supreme Court IP Decision Preserves Inter Partes Review Process

After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v....more

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