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What’s Good for the Goose: Federal Circuit Applies Arthrex to Inter Partes Reexaminations

What’s Good for the Goose: Federal Circuit Applies Arthrex to Inter Partes Reexaminations

by Pablo Hendler | May 26, 2020 | PTAB News

By Pablo Hendler – In its May 13, 2020 decision in VirnetX Inc. v. Cisco Systems, Inc., the Federal Circuit confirmed that Arthrex applies to not only IPRs, but also inter partes reexaminations, if not all proceedings before the PTAB, explaining that if PTAB...
ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

by Pablo Hendler | May 12, 2020 | Federal Circuit Appeal, PTAB News

By Pablo Hendler – On May 1, 2020, the PTAB’s Chief Administrative Patent Judge Scott R. Boalick issued a General Order holding in administrative abeyance more than 100 matters and “any other matters remanded by the Federal Circuit under Arthrex.” As was...
PTAB Must Provide Notice Of Sua Sponte Rejections Of Substitute Claims

PTAB Must Provide Notice Of Sua Sponte Rejections Of Substitute Claims

by Pablo Hendler | Apr 22, 2020 | Amendment Practice

By Pablo Hendler – In its April 9, 2020 decision in Nike Inc. v. Adidas AG, No. 19-1262, the Court of Appeals for the Federal Circuit made clear that the Board cannot reject substitute claims based on a sua sponte invalidity contention without first providing...

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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.