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Decision to Deny Institution not Reviewable Despite Prior PTAB Trial

Decision to Deny Institution not Reviewable Despite Prior PTAB Trial

by Marc S. Blackman | Sep 4, 2019 | Federal Circuit Appeal, Trial Institution

By Marc Blackman In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial.  BioDelivery...
PTAB Orders Petitioner’s Expert to Produce Discovery

PTAB Orders Petitioner’s Expert to Produce Discovery

by Marc S. Blackman | Jul 9, 2019 | Discovery, PTAB News

By  Marc S. Blackman The PTAB recently granted a Patent Owner’s motion to take additional discovery of Petitioner’s expert.  In particular, the PTAB ordered Petitioner’s expert to produce documents that identify materials he reviewed in preparing his declaration. ...
Forum Selection Clause May Preclude PTAB Proceedings

Forum Selection Clause May Preclude PTAB Proceedings

by Marc S. Blackman | Apr 26, 2019 | PTAB News

By Marc Blackman The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause.  Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019). Dodocase, the owner of patents related to virtual...
Rule 36 Judgment May Support Finding of Collateral Estoppel

Rule 36 Judgment May Support Finding of Collateral Estoppel

by Marc S. Blackman | Dec 21, 2018 | Estoppel

By Marc Blackman –  The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a...
Seeking District Court Assistance For An IPR Proceeding

Seeking District Court Assistance For An IPR Proceeding

by Marc S. Blackman | Nov 15, 2018 | Discovery, PTAB Trial Basics

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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    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.