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What’s New in Director Review?

In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s...more

Fish Post Grant Radio: Episode #16: Kevin McNish, McNish PLLC [Audio]

Fish principal and host Rick Bisenius speaks with Kevin McNish from McNish PLLC to discuss appeals to the Federal Circuit from the PTAB, including: - What factors to consider when deciding whether to request a rehearing at...more

Fish Post-Grant Radio: Episode #15: Nick Tsui, Alston & Bird [Video]

Fish principal and host Rick Bisenius speaks with guest and former co-counsel Nick Tsui, a senior associate with Alston & Bird’s Intellectual Property Litigation Group. They discuss the interplay between concurrent...more

Fish Post-Grant Radio: Episode #14: Tom Rozylowicz [Audio]

This episode of Fish Post-Grant Radio, hosted by Rick Bisenius, touches on AI and Machine Learning with Tom Rozylowicz, a principal in our Washington, D.C. office. With a market that is estimated to be around $300 billion by...more

Fish Post-Grant Radio: Episode #13: Rick Bisenius [Audio]

This episode of Fish Post-Grant Radio features Fish attorneys Stuart Nelson – in his final episode as host – and Rick Bisenius, who will take over from Stuart going forward. In it, they discuss major precedential PTAB...more

Depositions for Inter Partes Review: How Do They Work?

Any litigator will be familiar with the routine expectations of a deposition: eight hours in a conference room, gathering every fact and admission possible from a witness, and countless objections. Litigators may be surprised...more

What is the PTAB and Who are the Judges?

Your inter partes review (“IPR”) was instituted, you’ve gone through discovery, and now finally your oral argument before the Patent Trial and Appeal Board (“PTAB”) is approaching. But who will actually sit on the bench?...more

Oral Hearings at the PTAB: What to Expect

Much like discovery, oral hearings before the Patent Trial and Appeal Board (“PTAB”) share some similarities with federal district court litigation, but they also include important differences. ...more

What Discovery is Available during Inter Partes Review?

Litigants facing their first inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB”) may be surprised to learn that discovery timing, procedures, and scope are quite different compared to district court...more

When Should I File an IPR during Litigation?

You have been sued for patent infringement and decided to challenge the validity of the patent at inter partes review (“IPR”).  The next major decision you need to make is “when?”  Concurrent district court litigation and IPR...more

Challenging Patents through Post-Grant Proceedings: What Are Your Options?

You have just been sued for patent infringement, now what? One of the key defenses in any infringement suit is challenging the validity of the asserted patent. While litigating invalidity as part of an infringement lawsuit...more

POP Designates Two Discretionary Denial Decisions Precedential

The Patent Trial and Appeal Board’s Precedential Opinion Panel (POP) recently designated two decisions as precedential concerning the Board’s discretion to deny petitions for inter partes review (IPR) under § 325(d). The...more

Supreme Court Grants Return Mail’s Petition for Certiorari in Return Mail, Inc. v. United States Postal Serv.

Supreme Court Docket No. 17-1594 - Appeal of Return Mail, Inc. v. United States Postal Serv., 868 F.3d 1350 (Fed. Cir. Aug. 28, 2017) - The Supreme Court has granted, in part, Return Mail’s Petition for Writ of Certiorari...more

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