News & Analysis as of

Determination on Remand Remand

Knobbe Martens

Biodelivery Sciences Intl, Inc. v. Aquestive Therapeutics, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS-based relief in an IPR appeal when it requested remand for consideration of...more

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

Perspectives on the PTAB Newsletter - December 2017

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

Knobbe Martens

PTAB Issues New Remand Procedures

Knobbe Martens on

On November 16, 2017, the USPTO issued new procedures (“Standard Operating Procedure 9”) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal...more

Jones Day

PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit

Jones Day on

On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that...more

WilmerHale

Remands From the Federal Circuit Back to the Patent Trial and Appeal Board: Are They a “Redo” or Something More Limited?

WilmerHale on

The Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more

Mintz - Intellectual Property Viewpoints

Octane Fitness Hits the Showers: Federal Circuit Affirms Attorneys’ Fees Award in Landmark Case

After an eight-year battle through the Federal Courts, the fight over attorneys’ fees in Octane Fitness v. ICON Health & Fitness has likely reached its end with the Federal Circuit upholding the hotly disputed $1.6 million...more

Knobbe Martens

The PTAB Reaches Same Determination After Remand Despite Having Construction and Analysis Set Aside

Knobbe Martens on

On July 28, 2017, the PTAB issued a final written decision holding all claims unpatentable in an IPR after the Fed. Cir. vacated and remanded the PTAB’s previous final written decision. On remand, the PTAB reached the same...more

Seyfarth Shaw LLP

Non-Compete Injunction Denied, Ninth Circuit Remands For Reconsideration, But District Court Denies It Again, Declines Equitable...

Seyfarth Shaw LLP on

As directed by the court of appeals, a district court judge reconsidered his denial of a non-compete covenant case injunction but reached the same result on reconsideration. He also stated why he would not have extended the...more

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