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Top 5 PTAB Trial Developments of 2016
  • Oblon
  • USA
  • January 10 2017

In re Cuozzo Speed Technologies was certainly a watershed moment for AIA trial practices. The 2016 decision settled years of seemingly endless debate


CAFC Shuts Down Another Attempted Side-Step to 314(d) Bar
  • Oblon
  • USA
  • February 11 2016

The Supreme Court will soon consider the propriety of the "appeal bar" of 35 U.S.C. 314(d) in Cuozzo. This appeal bar of the America Invents Act


TC Heartland Looms Large Over Patent Litigation
  • Oblon
  • USA
  • February 9 2017

As most are well aware, the patent venue statute, 28 U.S.C. 1400(b), provides that patent infringement actions “may be brought in the judicial


Anticipating non-analogous art arguments at the PTAB
  • Oblon
  • USA
  • September 16 2014

The obviousness of a claimed invention is assessed from the perspective of a hypothetical person of ordinary skill in the art (POSITA). For this


Arbitration materials witheld from USPTO reexamination
  • Oblon
  • USA
  • June 14 2012

As most patent reexaminations are conducted in parallel to a related litigation, it is important that the USPTO be informed of the progress of a parallel litigation


General litigators to practice before the new patent trial & appeal board?
  • Oblon
  • USA
  • November 9 2011

The USPTO continues to work to fashion rules to implement the new post grant proceedings of the Leahy-Smith America Invents Act (AIA


PhigenixWiFi a Double Bind for Future PTAB Privity Disputes?
  • Oblon
  • USA
  • January 25 2017

Two weeks back, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial


CAFC Explains PTAB Expertise & Its Role In IPR Fact Finding
  • Oblon
  • USA
  • December 14 2016

AIA trial practices of the Patent Trial & Appeal Board (PTAB) are often analogized to that of the district courts. Yet, in practice, there are more


CAFC Grants En Banc Review of IPR Appeal Bar
  • Oblon
  • USA
  • January 4 2017

Back in November, the Federal Circuit issued a non-precedential decision in the Click-To-Call Techs. V. Oracle Corp., which openly questioned the


Oblon Files Brief with Supreme Court Outlining Venue Abuses of Patent Trolls
  • Oblon
  • USA
  • February 8 2017

In TC Heartland LLC v. Kraft Foods Group Brands LLC., the high court is considering whether the Federal Circuit went too far in liberalizing the