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En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable

En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable

by Greg Castanias | Jan 9, 2018 | Federal Circuit Appeal, Time Limits

By Greg Castanias, Sasha Mayergoyz, John Marlott, and Dave Cochran In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the...
SAS Institute Argues Before Supreme Court Against PTAB’s Partial-Decision Practice

SAS Institute Argues Before Supreme Court Against PTAB’s Partial-Decision Practice

by Greg Castanias | Nov 29, 2017 | Final Written Decisions, PTAB News

By Greg Castanias, John Marlott, and Dave Cochran In a closely followed case before the U.S. Supreme Court on behalf of SAS Institute Inc., a cross-office, cross-practice Jones Day team has challenged the Patent Trial and Appeal Board’s (PTAB) practice to elect to...
Petitioners Bear Burden Of Proving Claims Amended During IPR Unpatentable . . . For Now

Petitioners Bear Burden Of Proving Claims Amended During IPR Unpatentable . . . For Now

by Greg Castanias | Oct 5, 2017 | Amendment Practice, Federal Circuit

By Greg Castanias, Jaclyn Stahl, John Marlott, and Dave Cochran In yesterday’s decision in Aqua Products, Inc. v. Matal, No. 15-1177 (Fed. Cir. Oct. 4, 2017) (en banc), the Federal Circuit issued five opinions, spanning 148 pages, addressing the question of who bears...
SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions

SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions

by Greg Castanias | Jul 21, 2017 | PTAB News

By Greg Castanias On July 20, SAS Institute, Inc., represented by Jones Day, filed its opening brief in the Supreme Court. SAS’s brief amplifies the arguments, initially set forth in its petition for certiorari and reply brief in support of certiorari, that...
Are Inter-Partes-Review Proceedings Constitutional?  Supreme Court Will Weigh In

Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In

by Greg Castanias | Jun 12, 2017 | PTAB Trial Basics

By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review.  In Oil States Energy Services v. Greene’s Energy Group, No. 16-712, the Court agreed to decide this question: ...
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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.