by Marc S. Blackman | Jul 26, 2018 | Federal Circuit Appeal, PTAB News
By: Marc S. Blackman, Lisa L. Furby, and John Normile The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings. Allergan, the maker of Restasis, a chronic...
by Marc S. Blackman | Jun 7, 2018 | Claim Construction, Federal Circuit, PTAB Trial Basics
By: Marc S. Blackman Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s claims, viewed in...
