by Matthew Johnson | Jan 22, 2018 | PTAB News, PTAB Trial Basics
By Matt Johnson In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc. Those petitions challenged six patents that, at the time the petitions were filed, belonged to Allergan, Inc. The...
by Matthew Johnson | Jan 16, 2018 | PTAB News, Time Limits, Trial Institution
By Rich Graham and Matt Johnson On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at filing) Amneal...
by Joe Sauer | Jan 8, 2018 | PTAB News
By Joe Sauer and Dave Cochran In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the petitioners in...
by S. Christian Platt | Dec 15, 2017 | PTAB News
By Doug Clark and Christian Platt On November 20, 2017, a district court denied a defendant’s Federal Rules of Civil Procedure (“Rule”) 12(b)(6) motion that sought to dismiss the case on the ground that the asserted patents were ineligible under 35 U.S.C. § 101. ...
by Matthew Johnson | Dec 1, 2017 | PTAB News
By Matt Johnson On Monday, the Supreme Court heard arguments regarding the constitutionality of PTAB post-grant trials in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, No. 16-712 (U.S.). The question posed to the Court is “Whether inter partes...
by Greg Castanias | Nov 29, 2017 | Final Written Decisions, PTAB News
By Greg Castanias, John Marlott, and Dave Cochran In a closely followed case before the U.S. Supreme Court on behalf of SAS Institute Inc., a cross-office, cross-practice Jones Day team has challenged the Patent Trial and Appeal Board’s (PTAB) practice to elect to...
