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SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions

SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions

by Greg Castanias | Jul 21, 2017 | PTAB News

By Greg Castanias On July 20, SAS Institute, Inc., represented by Jones Day, filed its opening brief in the Supreme Court. SAS’s brief amplifies the arguments, initially set forth in its petition for certiorari and reply brief in support of certiorari, that...
Senate Bill for STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

Senate Bill for STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

by Doug Pearson | Jul 3, 2017 | PTAB News

By Doug Pearson On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced a bill entitled the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of 2017” (or...
District Court deference to PTAB regarding priority claim?  Not necessarily.

District Court deference to PTAB regarding priority claim? Not necessarily.

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...
Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

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...
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...
Secondary Considerations Carry The Day

Secondary Considerations Carry The Day

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...
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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.