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Arthrex: Supreme Court Asks “Who’s The Boss?”

Arthrex: Supreme Court Asks “Who’s The Boss?”

by Greg Castanias | Mar 4, 2021 | PTAB News

By Nate Andrews, Greg Castanias, and Dave Maiorana – On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers...
Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

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...
Federal Agencies Not Eligible To Challenge Patents In PTAB Trials

Federal Agencies Not Eligible To Challenge Patents In PTAB Trials

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...
Federal Agencies May Not Challenge Patents in AIA Post-Issuance Proceedings

Federal Agencies May Not Challenge Patents in AIA Post-Issuance Proceedings

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...
Supreme Court Denies Cert On Tribal Sovereign Immunity Question

Supreme Court Denies Cert On Tribal Sovereign Immunity Question

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...
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