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Takings Clause Patent Trial and Appeal Board

Troutman Pepper

Supreme Court Business Review: Significant Business Cases & Trends, 2019–2020 Terms

Troutman Pepper on

The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Takes Pass on Considering IPR Constitutionality

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

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

2019 PTAB Year in Review: Analysis & Trends: Challenges to the Constitutionality of the Patent Trial and Appeal Board

Since the Patent Trial and Appeal Board’s inception, it has faced questions regarding its constitutionality. This past year was no different. In 2019, aggrieved patent owners raised numerous constitutional challenges...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Emery on

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019)

Arthrex appealed a final written decision from an inter partes review (IPR) where the Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued for the first time...more

Foley & Lardner LLP

Federal Circuit Demotes Unconstitutionally Appointed PTAB Judges

Foley & Lardner LLP on

With the Supreme Court in Oil States v. Greene’s Energy holding IPRs constitutional under Article III, and the Federal Circuit in Celgene v. Peter holding the retroactive use of IPRs against pre-AIA patents not to be an...more

McDermott Will & Emery

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Weintraub Tobin

Federal Circuit Holds IPR Proceedings On Pre-AIA Patents Is Not An Unconstitutional Taking Under The Fifth Amendment

Weintraub Tobin on

In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit Rebuffs Fifth Amendment Challenge to IPR Proceedings

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court suggested that whether inter partes reviews (“IPRs”) apply to pre-AIA patents is an open constitutional question....more

Knobbe Martens

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

Knobbe Martens on

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

Jones Day

Court of Federal Claims: Patents Are “Public Franchises, Not Private Property”

Jones Day on

Since April 2018 when the U.S. Supreme Court handed down its Oil States decision, patent owners have made various arguments addressing issues that were not resolved in that case. One such example is Christy, Inc. v. United...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

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

PTAB Strategies and Insights - May 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month, we are please to introduce our new...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

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