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The Importance of Candor in PTAB Practice

On November 6, 2019, Fish & Richardson Principal Stuart Nelson and Associate Kim Leung hosted the Post-Grant for Practitioners webinar “USPTO Ethics Rules at the PTAB.” The webinar highlighted some of the major ethics rules...more

What the PTAB Precedent Panel Said in Its First Decision

On March 13, 2019, the Patent Trial and Appeal Board issued a precedential decision in Proppant Express Investments LLC v. Oren Technologies LLC, holding that 35 U.S.C. § 315(c) does not provide per se prohibitions against...more

Use of the Wayback Machine in IPR Is Under Attack

One source of prior art commonly relied on in inter partes review proceedings is the “Wayback Machine.” The Wayback Machine is an internet archive of webpages that are browsed by crawler programs and then stored and preserved...more

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