Relevant Public, Not General Public, When Determining Availability of Printed Publication
By: David Anderson and Dave Maiorana – The Federal Circuit considers a PTAB holding that, because a reference was not available to the general public, it did not qualify as 102(b) prior art.
Practical Tips from the Judges’ Panel at the PTAB Judicial Conference
By: S. Christian Platt and Michael Lavine – Takeaways from the July 26, 2018 Judges’ Panel at the PTAB Judicial Conference hosted by the USPTO’s Silicon Valley Regional Office.
Federal Circuit: “All the Expenses” Does Not Mean “Attorneys’ Fees”
By: Gregory A. Castanias and Daniel Kazhdan – The Federal Circuit cites Jones Day’s amicus in concluding that challenging a PTAB decision in district court does not require paying PTAB’s attorneys’ fees.
Chief Judge Ruschke Presents on PTAB Fact v. Myth
By: Gasper J. LaRosa – Chief Judge Ruschke made a data driven presentation noting IPR filings are leveling off and the PTAB invalidates patents at a rate than commonly believed.
Sen. Hatch on Amendment to Incentivize Generic Drug Development
By Matt Johnson – On July 14, 2018, Senator Orrin Hatch delivered remarks to the Senate Judiciary Committee regarding the Hatch-Waxman Integrity Act of 2018.