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Patents United States Patent and Trademark Office Administrative Agencies

Jones Day

PTAB Pendulum Swings in Favor of Discretionary Denial

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Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings.  ...more

Adler Pollock & Sheehan P.C.

What Happens to Your Patents and Trademarks if the USPTO Shuts Down on October 1, 2023?

There is a potential for a U.S. federal government shutdown on October 1, 2023, in view of the ongoing discussions in Congress regarding funding for Federal Fiscal Year 2024 (FFY24). The longest government shutdown was under...more

BakerHostetler

How Administrative Law Became the Hottest Topic in Patent Disputes at the Federal Circuit

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What comes to mind when you think of “hot topics” in patent law? Subject matter eligibility? Obviousness? Damages? Quietly, administrative law has moved to the top of the list of issues that consume the attention of the Court...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

White & Case LLP on

A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Jones Day

Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In

Jones Day on

Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review...more

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