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Fed. Cir. Rejects New IPR Constitutional Challenges

Fed. Cir. Rejects New IPR Constitutional Challenges

By: Jennifer J. Chheda - In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are without merit,...

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Fed. Cir. Directs Dismissal of Ex Parte Reexam

Fed. Cir. Directs Dismissal of Ex Parte Reexam

By Jennifer Chheda - On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination.  Accordingly, the Federal Circuit found...

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PTAB Statistics Through Eleven Months of FY2021

PTAB Statistics Through Eleven Months of FY2021

By Matt Johnson – The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year.  The Patent Office notes that on a...

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Legislation: Restoring the America Invents Act

Legislation: Restoring the America Invents Act

By David Linden*, Dave Cochran, and Zach Sharb On Wednesday, September 29, 2021, Senators Patrick Leahy (D) and John Cornyn (R) introduced the Restoring the America Invents Act, a bill that would modify Patent Trial and Appeal Board (PTAB) procedures and facilitate...

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