by Matthew Johnson | May 4, 2021 | Federal Circuit Appeal
By Alison Ibendahl and Albert Liou – An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed....
by Carl Kukkonen | Apr 5, 2021 | Federal Circuit Appeal, Other News
By Phillip Shelton* and Carl Kukkonen – According to a recent district court opinion, a party may waive its right to assert infringement on claims that it voluntarily agrees to give up (e.g., by abandoning the claims). Such a waiver will be enforced as an...
by David Maiorana | Mar 25, 2021 | Federal Circuit Appeal, Trial Institution, Uncategorized
By Robby Breetz and Dave Maiorana – In Mylan Labs Ltd. v. Janssen Pharmaceutica N.V., the Federal Circuit reaffirmed it lacked jurisdiction over appeals from the PTAB denying IPR institution, noted that it had jurisdiction over requests for mandamus, but that...
by Matthew Johnson | Jan 19, 2021 | Estoppel, Federal Circuit Appeal
By Marlee Hartenstein and Matt Johnson – In General Access Sols., Ltd. v. Sprint Spectrum, et al., No. 2:20-cv-00007-RWS, ECF No. 128 (E.D. Tex. Dec. 1, 2020), the Eastern District of Texas denied a motion to strike invalidity defenses as barred by IPR estoppel...
by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows: 1. Whether, for...
by Matthew Johnson | Oct 2, 2020 | Federal Circuit Appeal, Time Limits
By Matt Johnson – Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of...
