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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

A New Year's Gift for Patent Applicants?

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty...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

PTAB Rejects Tribal Immunity Proceedings - Decision Stands as Firm Rejection of Strategy of Transferring Patents to an Indian...

On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant proceedings established under the America Invents Act (AIA) and...more

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