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Inter Partes Review (IPR) Proceeding United States Patent and Trademark Office Adverse Judgments

Jones Day

Director Says Not Filing Mandatory Notices and POPR Does Not Justify Adverse Judgment

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In a sua sponte Director Review, USPTO Director Vidal vacated an adverse judgement against Patent Owner for Patent Owner’s failure to submit a mandatory notice of information or file a preliminary response to a Petition...more

McDermott Will & Emery

From Oops to Encore: The Board’s Premature Adverse Judgment

McDermott Will & Emery on

The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that...more

Jones Day

Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel

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In a split decision that drew separate opinions from each of the panel members, the Federal Circuit recently affirmed the PTAB’s decision to enter an adverse judgment against a patentee, even though the patentee had properly...more

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