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Supreme Court Rules § 315(b) Time Bar Decisions Are Not Appealable in Thryv v. Click-to-Call

The Supreme Court ruled today in Thryv, Inc. v. Click-to-Call Technologies, LP that decisions that an inter partes review petition was timely filed cannot be appealed. In a 7-2 decision penned by Justice Ginsburg, the Court...more

Federal Circuit Denies Rehearing in Arthrex v. Smith & Nephew

The Federal Circuit issued an order Monday denying both panel rehearing and rehearing en banc in Arthrex v. Smith & Nephew, 931 F.3d 1320 (Fed. Cir. 2019)....more

Federal Circuit Says PTAB Joinder Rules Contrary to Law

The Federal Circuit has ruled in Facebook, Inc. v. Windy City Innovations, LLC that the Patent Trial and Appeal Board’s (PTAB) practice of permitting petitioners to join themselves as parties to existing reviews and adding...more

2019 Post-Grant Report

The Patent Trial and Appeal Board (PTAB) remains the forum of choice for challenging the validity of patent claims. However, it is notable that a comparison of 2019 and 2018 statistics reveals about a 30 percent decline in...more

One Year after Oil States, Constitutional Questions Remain

In April 2018, the Supreme Court issued Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365, and SAS Institute v. Iancu, 138 S. Ct. 1348, a highly anticipated pair of decisions concerning post-grant...more

En Banc Federal Circuit: Patentee’s Service of Complaint, Followed by Voluntary Dismissal, Triggers IPR Clock

On August 16, 2018 the en banc Federal Circuit held that a patentee’s initial service of a complaint triggers the one-year period for filing of an IPR petition—even if the complaint was voluntarily dismissed without prejudice...more

Inadequacy of PTAB’s Procedures for Reviewing Late-Submitted Evidence Leads to Vacatur

Ultratec, Inc. v. CaptionCall, LLC, __ F.3d __ (Fed. Cir. Aug. 28, 2017) (Newman, Linn, MOORE) (PTAB) (4 of 5 stars) - Fed Cir vacates IPR determination of obviousness/anticipation. The PTAB abused its discretion by...more

Supreme Court to Review Constitutionality of IPR Proceedings

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 (U.S. cert. granted June 12, 2016) (Fed. Cir.: Per curiam (Moore, O’Malley, Hughes)) (PTAB) (5 of 5 stars). The Supreme has granted certiorari to...more

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