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Results: 1-10 of 2,102

Be Careful Basing Your IPR On Previously Considered Prior Art
  • Jones Day
  • USA
  • June 22 2017

It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not


Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional
  • Jones Day
  • USA
  • June 21 2017

The case arises out of an Asian American's attempt to register THE SLANTS to identify his band comprised exclusively of Asian Americans. The band


Red Light for New Activist Strategy
  • Jones Day
  • USA
  • June 21 2017

Earlier this month, General Motors ("GM") won a decisive victory in a proxy contest waged by Greenlight Capital, the activist fund headed by David


False Claims Act: Circuit Court Questionably Construes Scienter Requirement
  • Jones Day
  • USA
  • June 21 2017

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp


Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections
  • Jones Day
  • USA
  • June 21 2017

The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to"


SCOTUS Overturns California's Extreme Expansion of Personal Jurisdiction for National Corporations
  • Jones Day
  • USA
  • June 21 2017

The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident


Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval
  • Jones Day
  • USA
  • June 21 2017

Intended to provide a faster route to approval for generic biologics, the Biologics Price Competition and Innovation Act, was the basis for a


PTAB Denies Timely, Relevant Supplement to Petition
  • Jones Day
  • USA
  • June 20 2017

By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed


Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In
  • Jones Day
  • USA
  • June 12 2017

Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review. In Oil States Energy Services v. Greene’s Energy


District Court deference to PTAB regarding priority claim? Not necessarily
  • Jones Day
  • USA
  • June 9 2017

In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity