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When is it too late to petition for IPR?

When is it too late to petition for IPR?

By: Daniel Kazhdan, Jason M. Garr, John Marlott, and Greg Castanias – On remand from the en banc decision in Wi-Fi One, holding the Federal Circuit can review time bar decisions, the Federal Circuit panel considered whether parties in privity with a patent infringement defendant are time barred from challenging the patent in IPR after one year of the infringement complaint.

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Supreme Court: No More Partial Institution Practice In AIA Reviews

Supreme Court: No More Partial Institution Practice In AIA Reviews

By: Rich Graham and Greg Castanias – In a win for Jones Day client SAS Institute, a Jones Day team—Greg Castanias, John Marlott, and Dave Cochran—convinced the U.S. Supreme Court that the PTAB’s practice of instituting inter partes review (IPR) on less than all claims challenged in a petition was contrary to the plain language of the America Invents Act. SAS Institute Inc. v. Iancu, No. 16-969, __ U.S. __ (April 24, 2018).

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