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Patents Seventh Amendment

Morrison & Foerster LLP - Federal Circuitry

Federal Circuit CVSG Update

With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often...more

Mintz - Intellectual Property Viewpoints

Supreme Court Hammers Final Nail in the IP Bridge v. TCL Coffin

On Monday, the Supreme Court denied TCL Communication’s certiorari petition, without comment, appealing the Federal Circuit’s ruling that the essentiality of a patent claim is a question for the jury rather than judges to...more

Knobbe Martens

Federal Circuit Affirms $173 Million Award

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BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

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Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

Bradley Arant Boult Cummings LLP

District Courts Lack Jurisdiction to Review Attacks on Collateral IPR Decisions - Intellectual Property News

In a precedential decision last week, the Federal Circuit held that CBS will not have to pay a $1.3 million infringement award because a podcasting patent was invalidated in an inter partes review (IPR) at the Patent Trial...more

Knobbe Martens

Federal Circuit Review - May 2019

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Reasonably Continuous Diligence Is Not Negated If an Inventor Works On Improvements or Evaluates Alternatives to the Claimed Invention - In ATI Technologies ULC v. IANCU, Appeal Nos. 2016-2222, -2406, -2608, the Federal...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Oil States Energy Servs., LLC v. Green’s...

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court ruled that inter partes reviews (IPRs) do not improperly divest the courts of their judicial authority and do not violate the Seventh...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions

In 2018, the U.S. Court of Appeals for the Federal Circuit docketed close to 600 appeals from the U.S. Patent and Trademark Office (USPTO). That is the second highest number since starting to hear post-American Invents Act...more

McDermott Will & Emery

Collaterally Estopped, Do Not Pass Go

In one of the latest decisions in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit reiterated that Rule 36 affirmance can create collateral estoppel. VirnetX Inc. v. Apple, Inc., Case Nos. 17-2490,...more

McDermott Will & Emery

When SCOTUS Said No Partial Institution, It Meant All Challenged Grounds

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In light of the Supreme Court of the United States decision in SAS Institute v. Iancu (IP Update, Vol. 21, No. 5), the US Court of Appeals for the Federal Circuit remanded an appeal from the Patent Trial and Appeal Board...more

Farella Braun + Martel LLP

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...more

Fenwick & West LLP

Federal Circuit Panel Holds Trade Secret Disgorgement of Profits Must Be Awarded by Judge, Not Jury

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In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits for trade secret misappropriation under Texas common...more

WilmerHale

Oil States v. Greene’s Energy: IPR Here to Stay, For Now

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The U.S. Supreme Court on April 24 issued its decision in the closely watched patent case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018). The case addressed a constitutional challenge to...more

Troutman Pepper

Supreme Court Issues Two Patent-Related Opinions; One Causes Turmoil at the Patent Office

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On April 24, the U.S. Supreme Court, in a 7-2 decision, held that inter partes review (IPR) proceedings conducted by the Patent Trial and Appeal Board (PTAB) do not violate Article III or implicate the Seventh Amendment. ...more

Latham & Watkins LLP

SAS Institute Follow-Up: New PTAB Procedures and Strategies

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The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Fish & Richardson

Legal Alert: Implications of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu

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As the most-active firm practicing at the Patent Trial and Appeal Board (PTAB), we are proud to have shared in our clients’ successes over the years. Fish was one of the first firms to file a post-grant petition in 2012, and...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Foley & Lardner LLP

Patent System after Oil States and SAS – What’s the future?

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On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

Morrison & Foerster LLP

Hatch-Waxman and BPCIA Developments for April 2018

This month, we highlight several significant cases, including the Supreme Court’s decisions in Oil States and SAS, and the Federal Circuit’s decisions in Vanda Pharmaceuticals and Gilead v. Merck....more

Shook, Hardy & Bacon L.L.P.

Inter Partes Review Proceedings Survive, But Their Implementation Will Change

In a pair of decisions, the U.S. Supreme Court upheld the constitutionality of the inter partes review (IPR) process created by the America Invents Act but required the U.S. Patent & Trademark Office (USPTO) to make a...more

K&L Gates LLP

The Supreme Court Upholds and Clarifies Inter Partes Review

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Tuesday, April 24, 2018, proved to be a banner day for inter partes review (“IPR”) proceedings. The United States Supreme Court issued two separate opinions addressing the regime, the first upholding the constitutionality of...more

Foley Hoag LLP

Implications of SCOTUS Opinions on Constitutionality, Scope of Inter Partes Reviews

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The Supreme Court recently handed down two highly anticipated decisions concerning inter partes review (IPR) challenge proceedings in the Patent Trial and Appeal Board (PTAB). In Oil States Energy Services, LLC v. Greene’s...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Speaks on Constitutionality and Scope of Inter Partes Reviews at the PTO

• The Supreme Court in Oil States v. Greene’s Energy ruled 7-2 that cancellation of patent claims in an inter partes review does not violate either Article III or the Seventh Amendment of the Constitution. • In SAS...more

Bradley Arant Boult Cummings LLP

Supreme Court Affirms Constitutionality of Inter Partes Review

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court rejected constitutional challenges to the America Invents Act’s inter partes review process. The court held that inter partes review (IPR)...more

BakerHostetler

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

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This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

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