by Greg Castanias | Jun 25, 2019 | Time Limits, Trial Institution
Gregory A Castanias and Jihong Lou On June 24, in Dex Media, Inc. v. Click-To-Call Technologies, LP, No. 18-916 (U.S.), the Supreme Court agreed to review the question whether 35 U.S.C. § 314(d) permits appeal of the PTAB’s decision to institute an inter partes review...
by Greg Castanias | Jun 21, 2019 | Standing
Gregory A. Castanias and Jihong Lou On June 10, in a 6-3 decision in Return Mail, Inc. v. United States Postal Service, the Supreme Court ruled that a federal agency is not a “person” eligible to request post-issuance review of a patent under the Leahy-Smith America...
by Greg Castanias | Jun 18, 2019 | PTAB News, Standing
By Greg Castanias, Dave Cochran, Jennifer Swize, and Jihong Lou The Supreme Court ruled in Return Mail that a federal agency is not a “person” who may challenge an issued patent in inter partes review, post-grant review, or CBM review under the AIA. In its...
by Greg Castanias | May 10, 2019 | Pharmaceutical, PTAB News
Gregory A. Castanias and Jihong Lou – On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews. See Saint...
by Greg Castanias | Mar 6, 2019 | Federal Circuit, PTAB News
By Gregory A. Castanias, Daniel Kazhdan, and Jihong Lou As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys...
