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Andersen: A Window into Derivation Proceedings before the PTAB

Andersen: A Window into Derivation Proceedings before the PTAB

by Albert Liou | Apr 10, 2019 | PTAB News

By Albert Liou Recently, the PTAB issued its first ever final written decision in a post-AIA derivation proceeding in Andersen Corporation v. GED Integrated Solutions, Inc., Case DER2017-00007, Paper 57 (PTAB Mar. 20, 2019), finding that the Petitioner had not proved...
Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

by Greg Castanias | Mar 6, 2019 | Federal Circuit, PTAB News

By Gregory A. Castanias, Daniel Kazhdan, and Jihong Lou As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys...
Court of Federal Claims: Patents Are “Public Franchises, Not Private Property”

Court of Federal Claims: Patents Are “Public Franchises, Not Private Property”

by Emily Tait | Feb 6, 2019 | PTAB News

By Emily Tait Since April 2018 when the U.S. Supreme Court handed down its Oil States decision, patent owners have made various arguments addressing issues that were not resolved in that case.  One such example is Christy, Inc. v. United States, Case No. 1:18-cv-00657...
Cert Petition Seeks Review of Time-Bar Trigger for Voluntarily Dismissed Complaints

Cert Petition Seeks Review of Time-Bar Trigger for Voluntarily Dismissed Complaints

by Greg Castanias | Jan 17, 2019 | Federal Circuit Appeal, PTAB News, Time Limits

By Greg Castanias and Doug Pearson On January 11, 2019, Dex Media filed a Petition for Writ of Certiorari seeking review of the Federal Circuit’s decision in Click-To-Call Tech. v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018) (en banc in relevant part). ...
Jones Day Intellectual Property Practice Selected as 2018 Law360 Practice Group of the Year

Jones Day Intellectual Property Practice Selected as 2018 Law360 Practice Group of the Year

by Matthew Johnson | Jan 17, 2019 | PTAB News

Jones Day was recognized by the legal publication Law360 for its 2018 “Practice Groups of the Year” awards in the Intellectual Property and Product Liability categories. Now in their ninth year, the awards “honor the law firms behind the litigation...
Patent Owner Sanctioned For Ex Parte Communications

Patent Owner Sanctioned For Ex Parte Communications

by David Maiorana | Jan 9, 2019 | PTAB News, Request for Reconsideration

By Dave Maiorana Under 37 C.F.R. § 42.5(d), communications with a Board member regarding a specific proceeding are not permitted “unless both parties have an opportunity to be involved in the communication.”  This prohibition, however, does not extend to “referring to...
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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.