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Certiorari Patent Trial and Appeal Board

Harris Beach PLLC

Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit

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Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: United States v. Arthrex, Inc., No. 19-1434 (U.S.)

In October 2020, the Supreme Court agreed to review the Federal Circuit’s holding in Arthrex Inc. v. Smith & Nephew Inc., 941 F.3d 1320 (Fed. Cir. 2019), that the scheme for appointing the Patent Trial and Appeal Board’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Introduction

Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to largely continue its operations....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - October 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Snell & Wilmer

Supreme Court Grants Certiorari to Decide if PTAB Judges Are Constitutional

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Are PTAB judges constitutional? This week the Supreme Court granted certiorari to answer this question. In Arthrex v. Smith & Nephew, the Federal Circuit considered whether the appointment of administrative patent judges...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari on Appointment of PTAB Judges

Today, the Supreme Court granted petitions for a writ of certiorari to review the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc. Last Halloween, a Federal Circuit panel held in Arthrex that the way the...more

Jones Day

BREAKING: Arthrex Headed to the Supreme Court

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On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows...more

Foley & Lardner LLP

PTAB Waits as Supreme Court Considers Arthrex Certiorari Petitions

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It has been almost eleven months since the Federal Circuit held in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, that PTAB judges were principal officers appointed in violation of the Constitution, and held that the...more

Vinson & Elkins LLP

PTAB May Reject Motions To Amend In Inter Partes Reviews On Any Ground Of Patentability

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On July 22, 2020, the Federal Circuit ruled that the Patent Trial & Appeal Board (“PTAB”) was not limited in its review of substitute claims in an inter partes review (“IPR”), and therefore could reject such claims as not...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Blank Rome LLP

PTAB Administratively Holds in Abeyance More Than 100 Cases Remanded Due to Arthrex, Inc. v. Smith & Nephew, Inc.

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On May 1, 2020, the Chief Administrative Patent Judge for the Patent Trial and Appeal Board (“PTAB”) issued a General Order administratively holding in abeyance all cases remanded from the United States Court of Appeals for...more

McDonnell Boehnen Hulbert & Berghoff LLP

State of Minnesota Petitions for Certiorari in Regents of University of Minnesota v. LSI Corp.

Not unexpectedly, the State of Minnesota, as sovereign of the Regents of the University of Minnesota, filed on Thursday its petition to Supreme Court for certiorari.  The State contends that the Federal Circuit erred in...more

Faegre Drinker Biddle & Reath LLP

Reading the Supreme Court Tea Leaves in Dex Media Inc. v. Click-to-Call Technologies, LP

On June 24, 2019, the U.S. Supreme Court granted the petition for certiorari in Dex Media Inc. v. Click-to-Call Technologies, LP. Next term, the Court will determine whether 35 U.S.C. § 314(d) permits appeal of the U.S....more

Miller Canfield

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

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The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

Dorsey & Whitney LLP

The Supreme Court - June 24, 2019

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The Supreme Court of the United States issued four decisions on June 24, 2019: Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Supreme Court Issues Ruling in Return Mail v. U.S. Postal Service Prohibiting Federal Agencies from Seeking AIA Review

In a 6-3 decision rendered earlier on June 10, 2019, the Supreme Court decided that federal agencies are not “persons” who can petition for post-issuance review of patents under the America Invents Act (AIA).  Thus, the...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Weintraub Tobin

Are Patent Applicants Required To Pay USTPO Attorneys’ Salaries, Win Or Lose?

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The United States Supreme Court granted a writ of certiorari in Iancu v. NantKwest to determine whether a patent applicant, win or lose, must pay the salaries of the United States Patent and Trademark Office’s (“USPTO”)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari in Iancu v. NantKwest, Inc.

On the same day that the Supreme Court decided what the term "full costs" means under the Copyright Act, it granted certiorari to consider what "all the expenses of [a district court review] proceeding" means under the Patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Five Stories of 2018

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

Snell & Wilmer

Supreme Court to Decide Multiple IP Issues This Term

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On October 26, 2018, the Supreme Court of the United States (“SCOTUS”) granted certiorari in two IP cases. In Mission Product Holdings, Inc. v. Tempnology, LLC, SCOTUS will address a circuit split on the effect bankruptcy...more

Fish & Richardson

Supreme Court Grants Return Mail’s Petition for Certiorari in Return Mail, Inc. v. United States Postal Serv.

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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

Jones Day

Court Grants Rehearing In Light Of Wi-Fi One

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Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

Goodwin

Issue Six: PTAB Trial Tracker

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Supreme Court Grants Certiorari to Decide Whether IPRs Are Constitutional - The Supreme Court has granted certiorari to answer the following question: Whether inter partes review – an adversarial process used by the...more

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