So You Won At The PTAB -- Can You Defend The Final Written Decision On Appeal?

McDonnell Boehnen Hulbert & Berghoff LLP
Contact

McDonnell Boehnen Hulbert & Berghoff LLP

Many people have come to believe that Inter Partes Review (IPR) proceedings in front of the Patent and Trademark Appeal Board (PTAB) are a good substitute for litigation. The reasons for this belief are not without basis. IPRs provide a forum for challenging issued patents in a relatively rapid and inexpensive manner (at least as compared to litigation in the Federal District Courts). Indeed, in many cases it has proven to be a successful forum as a large percentage of the IPRs that have been instituted have resulted in the PTAB finding the patents at least partially invalid or not properly issued. Thus, the procedure seems to be accomplishing the intent of Congress when it passed the AIA.

It must be remembered, however, that a decision from the PTAB is an administrative decision of the Executive Branch of the Federal Government, and as a result it is reviewed on appeal entirely differently from a District Court decision. PTAB decisions are reviewed substantively under patent law but procedurally under the Administrative Procedures Act. Thus, IPR decisions are reviewed to ensure that they are not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence.[1] Indeed, the agency is obligated to “provide an administrative record showing the evidence on which the findings are based, accompanied by the agency’s reasoning in reaching its conclusions.”[2] The PTAB as an administrative agency must articulate “logical and rational” reasons for its decision.[3] An appropriate record is necessary because “courts cannot exercise their duty of review unless they are advised of the considerations underlying the action under review. . . . [T]he orderly functioning of the process of review requires that the grounds upon which the administrative agency acted by [must be] clearly disclosed and adequately sustained.”[4]

As a result, a party that is victorious at the PTAB finds itself not defending its case on appeal, but rather it must defend the decision of the PTAB. In other words, it may not matter what kind of record you made at the PTAB, all that really matters is what the PTAB says and relies upon in its final written decision. Only the record created by the PTAB in its final written opinion is the subject of appeal.

There have been many recent examples where a PTAB ruling has been either reversed or remanded because the PTAB did not appropriately set forth the bases for its decision in its opinion. For example, in Arendi S.A.R.L. v. Apple Inc., the Federal Circuit reversed a conclusion of obviousness because the PTAB relied on the “common sense” of one skilled in the art to fill in the blanks from the art.[5] The problem was that the PTAB did not cite to any support for the conclusion about the common sense possessed by such a person. The court found that “common sense” must be supported by substantial evidence and that the PTAB’s conclusory statements were not sufficient. Similarly, in DSS Technology Management Inc. v. Apple Inc., the Court reversed a conclusion of obviousness because the PTAB relied on “ordinary creativity” of a skilled artisan without any stated support for such reliance.[6] Since the claim element the PTAB attributed to “ordinary creativity” played a major role in the subject matter claimed, substantial evidence was necessary and the conclusory statement of the PTAB was not enough to support the obviousness conclusion.

The Federal Circuit also went to the PTAB’s failure to support its conclusions in Black & Decker, Inc. v. Positec USA, Inc.[7] In Black & Decker the PTAB relied on the knowledge of one skilled in the art to conclude that such a person would know to modify the prior art. The court noted that “[o]ur precedent requires that the [PTAB] explain a rationale why a person of ordinary skill would have modified [the prior art].”[8] The court then found that the PTAB’s opinion provided no such rationale and reversed the PTAB’s conclusion of obviousness.

The court vacated and remanded the conclusion of obviousness in two other cases holding (in part) that the PTAB had failed to articulate any basis for its conclusion of a motivation to combine the prior art in support of its obviousness conclusions.[9] In Nuvasive, the court identifies three ways that the court has found are insufficient to support a conclusion of the existence of a motivation to combine: (1) “‘conclusory statements’ alone are insufficient and instead the finding must be supported by a reasonable explanation;” (2) “it is not adequate to summarize and reject arguments without explaining why the PTAB accepts the prevailing argument”; and (3) “although reliance on common sense may be appropriate in some circumstances,…the PTAB cannot rely solely on common knowledge or common sense to support its findings.”[10] Because the court could not reasonably discern the PTAB’s reasoning as to motivation to combine the case was vacated and remanded to the PTAB for further findings.[11]

In Personal Web Technologies, when addressing whether the record supports the existence of a motivation to combine, the court found that at most the PTAB found that the two prior art references “could” be combined and held that such a finding is insufficient.[12] The court reasoned that such a finding “does not imply a motivation to pick out those two references and combine them to arrive at the claimed invention.”[13] The court went on to say that “the [PTAB] nowhere clearly explained, or cited evidence showing, how the combination of the two reference was supposed to work.”[14] The court did clarify that the amount of explanation required “necessarily depends on context” and that it may depend on the complexity of the technology involved.[15]

The Federal Circuit has also remanded cases to the PTAB when it felt that evidence was either ignored or not adequately addressed by in the final written decision. In Polaris Industries, Inc. v. Arctic Cat, Inc., the patentee argued before the PTAB that the prior art taught away from the claimed invention.[16] The patent at issue related to an all-terrain vehicle with a fuel tank under the seat, thus raising the level of that seat within the vehicle. Patentee argued that the cited art taught that the seats of the prior art vehicle should be as low as possible thus teaching away from putting a fuel tank under the seats. The court held that PTAB failed to properly analyze this teaching away and applied the wrong analysis to the evidence. Indeed, the court found that the “[PTAB]’s analysis encourages the fact-finder to outright discard evidence relevant both to ‘teaching away’ and to whether skilled artisans would have been motivated to combine references.”[17] Citing this failure, the court remanded the issue for further consideration.

It should be noted that successful patentees are not immune on appeal from errors made by the PTAB. While these cases tend to depend largely on claim construction, that is not always the case. For example, in Owens Corning v. Fast Felt Corporation, the court reversed the conclusion of non-obviousness because the PTAB’s findings with respect to the evidence, or lack thereof, were inconsistent with the record.[18]

It is clear from these cases that counsel’s job is not done when they received a favorable PTAB final written decision. Since a large percentage of PTAB opinions are appealed to the Federal Circuit, it is imperative to ensure that the PTAB’s opinion will withstand appellate review or at least be well aware of any problems. To accomplish this, a party should review the final written decision to ensure – (1) that all the appropriate issues have been addressed; (2) that no material evidence has been omitted or left undiscussed; and (3) that the PTAB has set forth the appropriate legal analysis to support its conclusions.

If as part of this analysis an issue is identified with the final written decision, the question is ultimately – what do you do about it? The first reaction may be nothing. You won at the PTAB and you do not want to upset the apple cart. This may be the right answer if the issue is one you determine the Federal Circuit will not latch onto or that you can adequately address on appeal.

If, on the other hand, you identify an issue that will likely result in remand (or worse reversal) at the Federal Circuit, it may make sense to try take preemptive action with the PTAB. The PTAB’s rules provide a potential avenue for such action. 37 CFR § 42.71(d) allows for motions for rehearing to identify matters the PTAB has misapprehended or overlooked. While such motions have generally been filed by the losing party and not been well received by the PTAB, it is likely they will be viewed in a different light when the party is not asking the PTAB to change the result, rather is seeking to bolster the support for the decision and increase the likelihood it will be affirmed on appeal.

It is understandably a difficult decision to choose to go back to the PTAB and ask them to amend their final written decision when they ruled in your favor. Such an option clearly has two significant risks, first the PTAB may revisit the decision entirely in light of your motion and second the PTAB may deny your motion and you may highlight the weakness in the decision to the opposing party, thereby potentially weakening your position on appeal. As a result, such motions must be carefully crafted in a manner that both supports the final written decision as written and suggests that it could be improved based on the record before the PTAB. Clearly, however, as the cases discussed above illustrate, there are times when taking pre-emptive action may make sense. For example if the PTAB, in finding a patent claim obvious, simply fails to set forth the complete analysis (i.e. omits any discussion of a motivation to combine, a likelihood of success or fails to perform an appropriate Graham analysis). Or, the PTAB may have overlooked or failed to address a key piece of evidence or testimony that is necessary to support (or refute) its conclusions. Such fact scenarios may make it appropriate to seek a rehearing to amend the final written decision and put it in better condition for appeal.

A party victorious in front of the PTAB is left with few options if the final written decision is flawed or incomplete in its analysis. The default option is to address it on appeal, but clearly that has its own risks. In the proper case, it may, however, be more economic or efficient to be proactive and ask the PTAB to amend its final written decision before the appeal process begins.

Perhaps the better practice should be to take all the steps you can during the pendency of the IPR to assist the PTAB in drafting a final written decision that is not flawed and will withstand review. However, the PTAB rules and procedures provide counsel with very few pathways to assist the PTAB with the content of its final written decision. Unlike District Court litigation, there is no opportunity to provide the PTAB with proposed findings of fact and conclusions of law. There is also no opportunity to give the PTAB post-trial briefing. In most cases a litigant’s opportunity to assist the PTAB is limited to four documents – the original petition, voluntary response to the petition, the patent owner’s statement, and the petitioner’s response thereto. While top priority in these documents is to make your case, thought should be given to assist the PTAB as much as possible by setting out clearly and concisely each of the elements of the case and the support thereof. In this way you may pave the path for a successful appeal.

[1] See Pers. Web Techs., LLC v. Apple, Inc., 848 F.3d 987 (Fed Cir. 2017).

[2] Synopsys, Inc. v. Mentor Graphics Corp., 814 F.3d 1309, 1322 (Fed. Cir. 2016) (citing In re San Su Lee, 277 F.3d 1338, 1342 (Fed Cir. 2002)).

[3] Synopsys, Inc., 814 F.3d at 1322 (citing Allentown Mack Sales and Serv., Inc. v. NLRB, 522 U.S. 359, 374 (1998)); see also Power Integrations, Inc. v. Lee, 797 F.3d 1318, 1326 (Fed. Cir. 2015).

[4] Sec. & Exch. Comm’n v. Chenery Corp., 318 U.S. 80, 94 (1943).

[5] 832 F.3d 1355, 1366–67 (Fed. Cir. 2016).

[6] 885 F.3d 1367 (Fed. Cir. 2018).

[7] 646 Fed. App’x 1019 (Fed. Cir. 2016).

[8] Id. at 1027.

[9] See Pers. Web Techs., LLC v. Apple, Inc., 848 F.3d 987 (Fed Cir. 2017); In re Nuvasive, Inc., 842 F.3d 1376 (Fed. Cir. 2016).

[10] In re Nuvasive, Inc., 842 F.3d at 1383 (citation omitted).

[11] Id. at 1385.

[12] Pers. Web Techs., 848 F.3d at 994.

[13] Id. at 993-94.

[14] Id. at 994 (emphasis in the original).

[15] Id.; see also In Re Hodges, 882 F.3d 1107 (Fed. Cir. 2018) (where the court remanded the case to the Office because of the lack of findings to support the obviousness conclusion and reversed the anticipation finding as not supported by substantial evidence).

[16] 882 F.3d 1056 (Fed Cir. 2018).

[17] Id. at 1069.

[18] 873 F.3d 896 (Fed. Cir. 2017); see also E.I. DuPont de Nemours & Co. v. Synvina C.V., 904 F.3d 996 (Fed. Cir. 2018).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Written by:

McDonnell Boehnen Hulbert & Berghoff LLP
Contact
more
less

McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

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.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

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.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

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

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

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

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

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:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

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

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

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.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.