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Patents Chevron Deference Supreme Court of the United States

Erise IP

Eye on IPRs, July 2024: Impact of the End of Chevron on USPTO; PTAB Filings Are Up; and More

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review (IPR) cases and news to bring you the stories that you should know about: What Does the End of Chevron Deference Mean for the USPTO? In June, the...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Are Terminal Disclaimers Destined for Termination?

July 17, 2024 Applicant-submitted terminal disclaimers tie similar co-owned patents to a common expiration date and typically serve to ensure that a later-filed continuation application lives no longer than its parent. The...more

Venable LLP

Loper Decision Impact on Patent Law

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Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation...more

Fenwick & West LLP

Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference

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The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

WilmerHale

INSIGHT: SAS v. Iancu - Changes to Inter Partes Review and Beyond

WilmerHale on

On April 24, 2018, the Supreme Court issued its decision in SAS Institute Inc. v. Iancu 138 S. Ct. 1348 (2018). SAS involved a challenge to the Patent Trial and Appeal Board’s (Board) practice of instituting inter partes...more

Jones Day

Winner’s Playbook: Behind The Scenes Of The SAS Case

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On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal Board confronts inter partes reviews under the America Invents Act. The...more

Foley & Lardner LLP

Patent System after Oil States and SAS – What’s the future?

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On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

Farella Braun + Martel LLP

Supreme Court Tells the Patent Office That IPR Proceedings Are “All-or-Nothing” Affairs

On April 24, 2018, the same day that the Supreme Court upheld the constitutionality of inter partes review (IPR) challenges to issued patents in one decision (Oil States Energy Services v. Green’s Energy Group), it also...more

BakerHostetler

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rulings Signal Significant Changes to Post-Issuance Patent Reviews

In a pair of decisions issued on April 24, 2018, the U.S. Supreme Court clarified the constitutionality of and the appropriate practice for inter partes review. The 7-2 majority opinion in Oil States Energy Services, LLC v....more

Eversheds Sutherland (US) LLP

Stayin' alive: What’s next for IPRs after Oil States and SAS

On April 24, 2018, the US Supreme Court decided two important cases that directly impact inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), and patent litigation as a whole. In Oil States Energy...more

Parker Poe Adams & Bernstein LLP

How the U.S. Supreme Court Ruled on Inter Partes Review and What It Means for Future Patent Challenges

The U.S. Supreme Court ruled Tuesday on two closely monitored cases impacting how patents could be challenged. In the more high-profile case, the court upheld the constitutionality of the inter partes review (IPR) process...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Strikes Down PTAB Partial Institution Practice: If PTAB Institutes IPR, It Must Address All Challenged Claims in Any...

The Supreme Court has ruled by a narrow majority of 5-4 that the Patent Office’s regulation allowing for partial institution decisions in inter partes review is foreclosed by the text of 35 U.S.C. § 318(a). SAS Institute Inc....more

Jones Day

SAS Institute Argues Before Supreme Court Against PTAB’s Partial-Decision Practice

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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 institute...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SAS Institute v. Matal, Supreme Court No. 16-969

On November 27, 2017, the Supreme Court will hear arguments in Oil States Energy Svcs, LLC v. Greene’s Energy Group, LLC, No. 16-712 where the Court will consider the constitutionality of IPR proceedings. The Oil States case...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

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The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Farella Braun + Martel LLP

Supreme Court Upholds the PTAB’s Status Quo in Cuozzo

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, which unanimously upheld the “broadest reasonable construction” claim construction standard (BRI) used by the Patent Trial and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Maintains Status Quo on Broadest Reasonable Claim Interpretation Test and Non-Appealability of Institution Decisions

On June 20, 2016, the U.S. Supreme Court issued its opinion in Cuozzo Speed Technologies LLC v. Lee, No. 15-4461, an appeal of an institution and cancellation decision in the first-ever petition for inter partes review...more

Foley Hoag LLP

Supreme Court Defers to the Patent Office on Institution and Management of Post-Grant Proceedings

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In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court handed a victory to the Patent Office, affirming its broad discretion in the institution and management of post-issuance proceedings created by the Leahy-Smith...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Affirms Cuozzo – Leaving in Place BRI and Judicial Review Limitation for IPR Proceedings

In Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, the Supreme Court affirmed the Federal Circuit’s holdings on claim construction and the scope of judicial review in an inter partes review (IPR) proceeding....more

Morrison & Foerster LLP

Supreme Court Defers to Patent Office on IPR Procedure, Cuozzo Speed Tech., LLC v. Lee

The United States Supreme Court decided today that: (1) the United States Patent and Trademark Office (PTO) acted within its rulemaking authority by adopting the rule that patent claims must be given their “broadest...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cuozzo Speed Technologies LLC v. Lee (2016)

In its first pronouncement regarding the post-grant reviewing proceedings established by the America Invents Act ("AIA"), the Supreme Court ruled that the Patent and Trademark Office's positions on two of the law's provisions...more

McDermott Will & Emery

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement - Suprema, Inc. and Mentalix Inc. v. Int’l Trade...

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In a 6-4 ruling, a sharply divided en banc Federal Circuit overturned the original panel decision and deferred to the International Trade Commission’s (ITC or Commission) interpretation of the phrase “articles that …...more

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