SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive
By John Kinton - The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory against ALE USA Inc. (ALE)[1]...
LEAP: Additional PTAB Argument Time Offered For Junior Attorneys
By Stephanie M. Brooker and Matthew Johnson - Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster...
Section 315(a) Calls At Institution Cannot Be Reviewed
By Sue Gerber and Matt Johnson - Recently, we reported about the Supreme Court’s decision holding that the AIA’s “no appeal” provision in 35 U.S.C. § 314(d) means that the PTAB’s decision not to institute IPR because a petition is time barred under 35 U.S.C. § 315(b)...
Fintiv Factors: Institution Considerations In View Of Parallel Proceeding
By Prateek Viswanathan* and Thomas Ritchie - By creating the new precedential Fintiv factors, the PTAB provides guidance on what it will consider when deciding whether to deny institution of an IPR petition challenging patent claims that are also being litigated in a...
Cert Filed in Arthrex on Appointments Clause Issue
By Nate Andrews, John Marlott, and Dave Maiorana - The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by Smith...