Inherent Obviousness: Available IPR Rationale With a High Standard
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096). The ’061 patent is owned by Alkermes Pharma Ireland, Ltd. and Alkermes Controlled...
Supreme Court Reviews Constitutionality of PTAB Proceedings
By Matt Johnson On Monday, the Supreme Court heard arguments regarding the constitutionality of PTAB post-grant trials in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, No. 16-712 (U.S.). The question posed to the Court is “Whether inter partes...
SAS Institute Argues Before Supreme Court Against PTAB’s Partial-Decision Practice
By Greg Castanias, John Marlott, and Dave Cochran In a closely followed case before the U.S. Supreme Court on behalf of SAS Institute Inc., a cross-office, cross-practice Jones Day team has challenged the Patent Trial and Appeal Board’s (PTAB) practice to elect to...
PTAB Publishes Aqua Products Guidance Regarding Motions to Amend
By Matt Johnson On November 21st, the PTAB issued guidance for motions to amend in post-grant trials based on the Federal Circuit’s en banc decision in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017). In line with that decision, the PTAB will not place...
PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit
By Tom Ritchie and Dave Cochran On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that facilitates its...