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Seeking District Court Assistance For An IPR Proceeding

Seeking District Court Assistance For An IPR Proceeding

By Marc Blackman Discovery is limited in inter partes review proceedings.  As we previously discussed here and here, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied.  Yet, a party may be aware of information...

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PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

By Christian Platt, John Evans, and Kerry Barrett On October 23, 2018, the PTAB found unpatentable B/E Aerospace’s U.S. Design Patent No. D764,031 (“’031 patent”).  C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018).  The ’031...

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High Court to Tackle Whether Government Can Petition PTAB

High Court to Tackle Whether Government Can Petition PTAB

By: Emily Tait On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether the U.S. government is a “person” who may petition to institute review proceedings under the AIA.  See...

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