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Civil Procedure Administrative Agency

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Harness, Dickey & Pierce, PLC

CRISPR-Cas9 Battle Continues: Federal Circuit sides with the Broad Institute and Affirms the PTAB’s Finding of No Interference In...

On September 10, 2018, the U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its much anticipated ruling in Regents of the University of California et al. v. Broad Institute, Inc. et al., Case No....more

Mintz - Intellectual Property Viewpoints

RPX Requests en banc Review in Applications in Internet Time v. RPX

On September 7, 2018, RPX Corporation (“RPX”) requested a rehearing en banc of the Federal Circuit’s July 2018 Applications in Internet Time, LLC v. RPX Corp. decision, which held that the Patent Trial and Appeal Board...more

Butler Snow LLP

You Can Drive Past a Chevron, but No Longer Have to Pull In

by Butler Snow LLP on

Over twenty years ago, the Supreme Court of the United States adopted the so-called Chevron Deference Doctrine in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 (1984). The Chevron Doctrine...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2018 #1

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - FDA Provides Update on Added Sugar Labeling for Honey and Maple Syrup - U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement providing an update...more

Knobbe Martens

In Re: Detroit Athletic Co.

by Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more

Harness, Dickey & Pierce, PLC

Don’t Try This at Home Boys and Girls — The TTAB is no Place for Amateurs

In Zheng Cai v. Diamond Hong, Inc., [2018-1688] (August 27, 2018), the Federal Circuit affirmed the cancellation of the registration on “WU DANG TAI CHI GREEN TEA” due to a likelihood confusion with Diamond Hong’s registered...more

Jones Day

PTAB Denies Institution Of Follow-On Petition From Similarly Situated Defendant

by Jones Day on

In Shenzhen Silver Star Intelligent Tech. v. iRobot Corp., IPR2018-00761, Paper 15 (PTAB Sept. 5, 2018), the PTAB denied institution of Shenzhen Silver Star’s IPR petition in view of an earlier challenge to the same patent by...more

Mintz - Intellectual Property Viewpoints

PTAB Denies Institution of IPR after Successive Petitions by Unrelated Co-Defendants

Last week, the Patent Trial and Appeal Board (the “Board”) denied a second challenge to a patent where the petitioners were co-respondents in an ITC investigation. In Shenzhen Silver Star Intelligent Tech. Co., Ltd. v....more

Knobbe Martens

IXI IP, LLC v. Samsung Electronics Co., Ltd.

by Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference....more

Mintz - Intellectual Property Viewpoints

Federal Circuit Holds that the Petitioner Bears the Burden to Show All Real Parties in Interest are Properly Named in a Petition...

Late last week, in Worlds, Inc. v. Bungie, Inc., the Federal Circuit held that the Patent Trial and Appeals Board (“Board”) must place the burden of persuasion on the Petitioner to show it has named all real parties in...more

Jones Day

After SAS, Indefinite Claims Can Be A Definite Problem For IPR Petitioners

by Jones Day on

The definiteness requirement for patent claims is set forth in Section 112(b), mandating that a patent specification conclude with one or more claims “particularly pointing out and distinctly claiming subject matter which the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2018 #2

PATENT CASE OF THE WEEK - Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018) In appeals from three inter partes reviews, the Federal Circuit vacated the PTAB’s decision...more

Harness, Dickey & Pierce, PLC

You Can’t Sidestep Nonappealability of Institution Decisions with Mandamus

In In re: Power Integrations, Inc., [2018-144, 2018-145, 2018-146, 2018-147] (August 16, 2018), the Federal Circuit denied Power Integrations, Inc.’s petitions for writs of mandamus. The petitions challenge the decisions of...more

Weiner Brodsky Kider PC

Texas Federal Court Refuses to Reconsider Denied Stay of Payday Rule Compliance Date, CFPB Hints at Further Rulemaking

by Weiner Brodsky Kider PC on

On August 7, 2018, a Texas federal court denied two payday lending trade groups’ motion for reconsideration of the court’s earlier order, which granted a stay of their lawsuit against the CFPB challenging the Payday Rule, but...more

Knobbe Martens

Worlds Inc. V. Bungie, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more

Jones Day

Failure to Appeal After SAS Results in Estoppel as to Non-Instituted Grounds

by Jones Day on

As the boundaries of estoppel post-SAS continue to unfold, one court has found that if a petitioner’s time for appealing a PTAB partial-institution decision had not yet run out at the time that SAS was handed down, then the...more

Harness, Dickey & Pierce, PLC

Federal Circuit Vacates Another IPR as Time-Barred

In Luminara Worldwide, LLC v. Iancu, [2017-1629, 2017-1631, 2017-1633] (August 16, 2018), the Federal Circuit affirmed the PTAB’s invalidation of claims of two of Luminara’s patents. In regard to a third patent, the Federal...more

Harness, Dickey & Pierce, PLC

If the Drawing is Sufficient to Determine Infringement, it Complies with 35 USC §112

In In Re Maatita, [2017-2037] (August 20, 2018), the Federal Circuit reversed the PTAB affirmance of the rejection of Maatita’s design patent application on the design of an athletic shoe bottom....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2018

PATENT CASE OF THE WEEK - Ericsson Inc. v. Intellectual Ventures I LLC, Appeal No. 2017-1521 (Fed. Cir. Aug. 27, 2018) - In an appeal from an inter partes review, the Court reviewed the Patent Trial and Appeal Board’s...more

Harness, Dickey & Pierce, PLC

What Has Been Served Cannot Be Unserved: §315(b) Time Bar Applies Even if the Suit is Subsequently Withdrawn

In Click-to-Call Technologies, LP v. Ingenio, Inc., [2015-1242] (August 16, 2018), the Federal Circuit concluded that the Board committed legal error in rendering its § 315(b) determination, and vacated the Board’s Final...more

Knobbe Martens

Recent Update on Patent Trial Practice Guide

by Knobbe Martens on

The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more

Foley & Lardner LLP

USPTO Offers Refund of Certain Non-Electronic Filing Fees Incurred During DSUEBSO

by Foley & Lardner LLP on

One of the many concerns raised by the recent outage of the USPTO’s electronic filing system was the requirement to pay the surcharge due when a new U.S. application is not filed electronically. The surcharge is statutory...more

Harness, Dickey & Pierce, PLC

Change In Construction of Claims from Petition Required Board to Allow Petitioner to Respond

In Ericsson Inc. v. Intellectual Ventures I LLC, [2017-1521] (August 27, 2018), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board did not consider portions of Ericsson’s Reply, and...more

Jones Day

Petitioners Be Mindful Of Decisions In Related IPRs

by Jones Day on

In a recent PTAB decision, Petitioners learned the importance of addressing decisions from related IPRs when making arguments before the PTAB. Apple, Inc. and FitBit, Inc. v. Valencell, Inc., Case IPR2017-00319 (PTAB Aug. 6,...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Allows Discrimination Claim to Proceed Despite No EEOC Charge

Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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