Winner’s Playbook: Behind The Scenes Of The SAS Case
By: Greg Castanias, David Cochran, and John Marlott – Three Jones Day partners explain how they took the SAS Institute case to the Supreme Court and changed the U.S. patent system.
Unsupported Expert Opinion Insufficient To Contradict The Prior Art
By: Tom Ritchie and Matt Johnson – The Federal Circuit considered a PTAB determination that unsupported expert testimony was entitled to sufficient weight to contradict a prior art reference.
Use Caution When Considering Multiple IPRs Against a Single Patent
By: Jason Garr and Dave Cochran – A recent PTAB decision provides a tale of caution to practitioners considering multiple inter partes review petitions against a single patent.
Chief Judge Guidance: SAS Impact, Motions to Amend, and Claim Construction
By: Jeffrey C. Wu, Ph.D. and S. Christian Platt – The PTAB Chief Judge Provides Guidance on the Impact of SAS, Motion to Amend Practice, and Claim Construction in Trial Proceedings.
Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?
By: Marc Blackman – In a recent decision, the Federal Circuit considered which indefiniteness standard is applicable to PGRs in response to argument that the Packard standard is the incorrect standard for issued patents