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Motion to Dismiss in District Court Case Held Premature While Appeal of PTAB Decision to Federal Circuit for Similar Technology is Pending

by Jones Day's PTAB Team | Mar 9, 2016 | PTAB Trial Basics

In Synchronoss Technologies, Inc. v. Hyperlync Technologies, Inc., 3-15-cv-02845 (NJD March 7, 2016, Order) (Cooper, J.), the U.S. District Court for the District of New Jersey  denied, without prejudice, Hyperlync’s motion to dismiss on 35 USC § 101 grounds. The...

Federal Circuit Confirms PTAB Procedure While Faulting Certain Aspects Of PTAB Procedure

by Jones Day's PTAB Team | Feb 18, 2016 | PTAB Trial Basics

Nike, Inc. v. Adidas AG  (Fed. Cir., Feb. 11, 2016).   In Nike, Inc. v. Adidas AG, 2014-1719 (Fed. Cir., Feb. 11, 2016), Nike appealed the PTAB’s decision in IPR2013-00067 to deny their Motion to Amend the claims of U.S. Patent No. 7,347,011 directed to methods...

Motions to Disqualify Opposing Counsel in Patent Trial and Appeal Board Proceedings

by Jones Day's PTAB Team | Feb 11, 2016 | PTAB Trial Basics

Motions to disqualify opposing counsel often raise difficult issues of legal ethics. Behind any motion to disqualify, two competing interests are implicated: the client’s right to the attorney of its choice versus the need to maintain ethical standards of professional...

Supreme Court Grants Cert in Challenge to PTAB Procedure

by Jones Day's PTAB Team | Jan 27, 2016 | Claim Construction, PTAB Trial Basics

Cuozzo Speed Tech. v. Lee (Supreme Court 2015). On January 15th, the Supreme Court granted certiorari in Cuozzo Speed Tech. v. Lee, agreeing to hear a challenge to the Federal Circuit’s February 2015 decision upholding the PTAB’s invalidation of certain...

Defining the Covered Business Method Patent

by Jones Day's PTAB Team | Nov 23, 2015 | CBMs, PTAB Trial Basics

In the America Invents Act (“AIA”), Congress granted the Patent Trial and Appeal Board (“PTAB,” “the Board”) heightened jurisdiction to hear challenges to patents related to performing data processing or other operations used in the...

Proposed Rule Changes for AIA Reviews at the PTAB

by Jones Day's PTAB Team | Aug 19, 2015 | Petitions, PTAB Trial Basics

On August 19, 2015, in a blog post on the agency’s website, U.S. Patent and Trademark Office (“USPTO” or “Office”) Director Michelle Lee announced a second round of proposed rule changes for America Invents Act (“AIA”)...
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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.