Supreme Court Denies Cert On Tribal Sovereign Immunity Question
Gregory A. Castanias and Jihong Lou - On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews. See Saint Regis...
Petitioner Must Explain Differences Among Five Concurrent IPR Petitions
By Alex Li and Matt Johnson On April 22, 2019, the PTAB issued an order that the Petitioner must explain the differences among its five petitions to institute inter partes review over the same patent, and that the Patent Owner may respond as to whether any differences...
Jones Day Talks: PTAB’s Busy Docket and What’s Changed After SAS Institute
In this podcast, Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the...
IPR Estoppel Applies Even After A Bench Trial On Validity
Cary Miller, Ph.D., and Jihong Lou, Ph.D. In a recent decision, a district court in the District of Delaware applied estoppel under 35 U.S.C. § 315(e)(2) to a defendant in Hatch-Waxman litigation, two and half years after the court conducted a bench trial on...
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance
By: Yury Kalish and Blaney Harper - The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25, 2019). ...