by David Cochran | Jun 9, 2017 | PTAB News
By Jaime Choi and Dave Cochran In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity attacks. However, because the PTAB’s decision was not being challenged in the District...
by Joe Sauer | Jun 5, 2017 | PTAB News
By Josh Sallmen and Joe Sauer Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed an IPR...
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...
by David Maiorana | May 19, 2017 | PTAB News, PTAB Trial Basics
By Dave Maiorana We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to outweigh a prima facie...
by Jones Day's PTAB Team | May 16, 2017 | Federal Circuit Appeal, PTAB News
By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question...
by Joe Sauer | Apr 26, 2017 | PTAB News
By Joe Sauer The Patent Office has announced an initiative to make procedural reforms in an effort to improve PTAB trial proceedings, particularly inter partes review proceedings. As part of this initiative, the USPTO will consider historical data from the last five...
