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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...
IPR Petitioners Ineligible for Arthrex Relief

IPR Petitioners Ineligible for Arthrex Relief

by John Marlott | May 13, 2020 | Federal Circuit Appeal, PTAB News

By Nate Andrews, John Marlott, Dave Maiorana, and John Evans On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands.  The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. ...
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...
Junior Lawyers Can Receive Additional Argument Time

Junior Lawyers Can Receive Additional Argument Time

by Matthew Johnson | May 1, 2020 | PTAB News

By Jasper L. Tran, Cameron Baker, and Matt Johnson – As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities.  For example, Judge William Alsup of the Northern District of California, in his...
Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed

Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed

by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits

By Sue Gerber and Matt Johnson – This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”).  Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
JONES DAY TALKS®: PTAB Litigation Blog Reaches 500 Posts … and the PTAB Reacts to COVID-19

JONES DAY TALKS®: PTAB Litigation Blog Reaches 500 Posts … and the PTAB Reacts to COVID-19

by Matthew Johnson | Apr 22, 2020 | PTAB News

As Jones Day’s PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down. You can listen...
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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.