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Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States

Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States

by Matthew Johnson | Jun 30, 2017 | PTAB Trial Basics

By Josh Nightingale and Matt Johnson On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...
PTAB Denies Timely, Relevant Supplement to Petition

PTAB Denies Timely, Relevant Supplement to Petition

by John Marlott | Jun 20, 2017 | Evidentiary Issues, PTAB Trial Basics

By Christian Damon and John Marlott By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed within one month of the Board’s institution decision, and (2) the supplemental...
Are Inter-Partes-Review Proceedings Constitutional?  Supreme Court Will Weigh In

Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In

by Greg Castanias | Jun 12, 2017 | PTAB Trial Basics

By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review.  In Oil States Energy Services v. Greene’s Energy Group, No. 16-712, the Court agreed to decide this question: ...
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...
Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer

Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer

by Jones Day's PTAB Team | May 12, 2017 | Preliminary Responses, PTAB Trial Basics

In Aylus Networks, Inc. v. Apple, Inc., No. 16-1599 (Fed. Cir. May 11, 2017) (“Federal Circuit Op.”), the Federal Circuit affirmed the district court’s decision that Apple did not infringe Aylus’s patents.  See Aylus Networks, Inc. v. Apple Inc., No. 13-cv-04700-EMC,...
IPRs Are Not Time Barred by an Earlier ITC Complaint

IPRs Are Not Time Barred by an Earlier ITC Complaint

by Carl Kukkonen | Mar 28, 2017 | PTAB Trial Basics, Time Limits

By Yury Kalish Ph.D. and Carl Kukkonen See also, Jones Day ITC Blog’s posting on the Bosch case at: http://jonesdayitcblog.com/clock-file-ipr/ Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful...
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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.