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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

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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