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Sua Sponte Adverse Judgments

Jones Day

Director Says Not Filing Mandatory Notices and POPR Does Not Justify Adverse Judgment

Jones Day on

In a sua sponte Director Review, USPTO Director Vidal vacated an adverse judgement against Patent Owner for Patent Owner’s failure to submit a mandatory notice of information or file a preliminary response to a Petition...more

McDermott Will & Emery

From Oops to Encore: The Board’s Premature Adverse Judgment

McDermott Will & Emery on

The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Director: Adverse Judgment Not Appropriate Where There Was No 'Unequivocal' Abandonment

The USPTO Director recently conducted sua sponte review of a Patent Trial and Appeal Board decision granting adverse judgment in four IPR proceedings where a panel found that the patent owner had abandoned the contests. In a...more

Foley & Lardner LLP

New Hope for Patent Owners Who Can’t or Don’t File Formal Responses?

Foley & Lardner LLP on

Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) - Director Kathi Vidal has issued a new precedential decision sua sponte that impacts the standard for abandonment of contest in inter partes...more

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