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PTAB Terminates IPR Just Under the Statutory Wire

PTAB Terminates IPR Just Under the Statutory Wire

by David Cochran | Jul 21, 2017 | Final Written Decisions

By Jaime Choi Ph.D. and Dave Cochran The patent statute requires the Patent Trial and Appeal Board (PTAB) to issue a final written decision within one year of instituting an Inter Partes Review (IPR). The recent case of Petroleum Geo-Services Inc. v. Westerngeo LLC...
Supreme Court Grants Certiorari in SAS Institute to Review Board’s Partial Decision Practice

Supreme Court Grants Certiorari in SAS Institute to Review Board’s Partial Decision Practice

by Greg Castanias | May 26, 2017 | Federal Circuit Appeal, Final Written Decisions, PTAB News

By Greg Castanias On Monday, May 22, the United States Supreme Court agreed to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, No. 16-969.  The petition for certiorari, which was filed by Jones Day lawyers Greg Castanias, John Marlott, and Dave...
Allergan Successfully Invalidates Claims Relating to Using Botox to Treat Back Pain

Allergan Successfully Invalidates Claims Relating to Using Botox to Treat Back Pain

by Cary Miller | Apr 24, 2017 | Final Written Decisions, Pharmaceutical

By Unmesh Shah, Ph.D. and Cary Miller, Ph.D. Allergan is typically the patent holder in these types of disputes, however, it recently successfully played the role of petitioner in an IPR against 1474791 Ontario Ltd.’s U.S. Patent No. 6,806,251 covering the use of...
SAS Urges High Court to Restore Balance to AIA Post-Grant Framework

SAS Urges High Court to Restore Balance to AIA Post-Grant Framework

by Greg Castanias | Apr 19, 2017 | Final Written Decisions

By Richard A. Graham and Gregory A. Castanias Who makes the country’s patent laws—Congress, or the Patent Office?  A recent petition for certiorari filed by SAS Institute, Inc.—represented by a team of Jones Day lawyers—asks the Supreme Court to decide that question...
PTAB Invalidates Two Anacor KERYDIN® Patents

PTAB Invalidates Two Anacor KERYDIN® Patents

by Cary Miller | Mar 30, 2017 | Final Written Decisions, Pharmaceutical

By Olga Schwier, Ph.D. and Cary Miller, Ph.D. The PTAB found obvious all claims of U.S. Patent Nos. 7,582,621 and 7,767,657 in the three final written decisions issued on February 23, 2017 (IPR2015-01776, IPR2015-01780, and IPR2015-01785).  This marks another victory...
Objective Indicia of Non-obviousness Shine as Primary Consideration in PTAB Decision

Objective Indicia of Non-obviousness Shine as Primary Consideration in PTAB Decision

by Matthew Johnson | Feb 1, 2017 | Final Written Decisions, Prior Art Issues

By Matt Johnson While touted by the Federal circuit as “a powerful tool for courts faced with the difficult task of avoiding subconscious reliance on hindsight,” objective indicia of non-obviousness have, to date at the PTAB, been little more than a secondary...
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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.