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Federal Circuit: “All the Expenses” Does Not Mean “Attorneys’ Fees”

Federal Circuit: “All the Expenses” Does Not Mean “Attorneys’ Fees”

by Greg Castanias | Jul 31, 2018 | Federal Circuit Appeal, Pharmaceutical

By: Gregory A. Castanias Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018).  The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the PTAB rejects a...
SAS: A Patent Litigation Game-Changer and Check on Agency Overreach

SAS: A Patent Litigation Game-Changer and Check on Agency Overreach

by Greg Castanias | Jun 29, 2018 | Other News

In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office’s Patent Trial and Appeals Board conducts its inter partes review proceedings. But that’s just half...
Winner’s Playbook: Behind The Scenes Of The SAS Case

Winner’s Playbook: Behind The Scenes Of The SAS Case

by Greg Castanias | Jun 18, 2018 | PTAB News

By: Greg Castanias, David Cochran, and John Marlott On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal Board confronts inter partes reviews under the America Invents...
When is it too late to petition for IPR?

When is it too late to petition for IPR?

by Greg Castanias | May 1, 2018 | Federal Circuit, Time Limits

By: Jason M. Garr, John Marlott, and Greg Castanias By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its “privy” was sued for infringing the patent more than one year before the petition for the IPR.  35 U.S.C. § 315(b).  As we...
Supreme Court: No More Partial Institution Practice In AIA Reviews

Supreme Court: No More Partial Institution Practice In AIA Reviews

by Greg Castanias | Apr 25, 2018 | PTAB News

By: Greg Castanias and Rich Graham AS Institute In a win for Jones Day client SAS Institute, a cross-office, cross-practice Jones Day team—Greg Castanias, John Marlott, and Dave Cochran—convinced the U.S. Supreme Court that the PTAB’s practice of instituting inter...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.