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Expanded Panel Ratifies Post-Petition Disclaimer As Legitimate CBM Eligibility Strategy

Expanded Panel Ratifies Post-Petition Disclaimer As Legitimate CBM Eligibility Strategy

by Matthew Johnson | Oct 11, 2017 | CBMs, Standing

By Matt Johnson An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction. In deciding petitioner’s Institution Decision Rehearing Request in Facebook, Inc. v. Skky, LLC,...
En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

by John Marlott | Apr 6, 2017 | Federal Circuit Appeal, Standing

By John Marlott As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal.  Wi-Fi One v. Broadcom Corp.  The Federal Circuit directed the...
Judges Recommend En Banc Reconsideration of Federal Circuit Holding in Achates

Judges Recommend En Banc Reconsideration of Federal Circuit Holding in Achates

by Joe Sauer | Nov 25, 2016 | Federal Circuit Appeal, Standing, Trial Institution

By Joe Sauer In a November 17, 2016 non-precedential decision, a Federal Circuit panel again considered whether its holding in Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) remains binding in view of the Supreme Court’s ruling in...
The Equitable Doctrine of Assignor Estoppel Does Not Prevent PTAB from Instituting an IPR

The Equitable Doctrine of Assignor Estoppel Does Not Prevent PTAB from Instituting an IPR

by Carl Kukkonen | Oct 18, 2016 | Federal Circuit Appeal, Standing, Trial Institution

By Carl Kukkonen Last month, the Federal Circuit in Husky Injection Molding Systems Ltd. v. Athena Automation Ltd., Nos. 2015-1726, 2015-1727 (Fed. Cir. Sep. 23, 2016) addressed the issue of whether assignor estoppel may bar a party from filing a petition for inter...
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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.