In a Halloween decision, the Federal Circuit issued its opinion in Arthrex, Inc. v. Smith & Nephew, Inc. et al., an appeal from IPR2017-00275....more
On April 15, 2019, the Supreme Court of the United States denied the petition for certiorari filed by the St. Regis Mohawk Tribe....more
Tuesday, April 24, 2018, proved to be a banner day for inter partes review (“IPR”) proceedings. The United States Supreme Court issued two separate opinions addressing the regime, the first upholding the constitutionality of...more
In August of 2016, the Federal Circuit granted Aqua Products, Inc.’s (“Aqua Products”) petition for rehearing en banc on the issue of whether the patent owner bears the burden of persuasion of patentability when amending...more
The Federal Circuit on May 11, 2017, addressing the question for the first time, held that statements made by a patent owner during inter partes review (“IPR”) proceedings before the Patent Trial and Appeal Board (“PTAB”) can...more
On January 11, Judge Sue L. Robinson issued her final decision on statutory estoppel in district court post-inter partes review (“IPR”) proceeding, confirming her decision on summary judgement of invalidity and cross motion...more
In the much-anticipated United States Supreme Court decision this week, Cuozzo Speed Tech., LLC v. Lee, the Supreme Court upheld two important aspects of practice before the Patent Trial and Appeal Board (“PTAB”). ...more