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Fear No Fees: No Payment of PTO Attorneys' Fees for District Court Patent Review

USA - July 27 2018 On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, , No. 16-1794 (Fed. Cir...

Anna E. Raimer, Daniel Kazhdan Ph.D., Gregory A. Castanias.

Is the Government a “Person” Who May Institute PTAB Trials?

USA - July 11 2018 The America Invents Act (“AIA”) provides that a “a person may not file a petition for covered business method review unless the person or the...

Lauren Willens.

Jones Day Talks Intellectual Property: Monkey See, Monkey Sue?Copyright Implications of the “Monkey Selfie” Case

USA - May 29 2018 The “monkey selfie” matter raises intriguing questions regarding the current state of U.S. copyright laws. Courts have ruled that a non-human can’t be...

Meredith M. Wilkes.

Swearing Behind: Don’t Get Stuck in a Catch-22 of Corroboration

USA - May 25 2018 The Federal Circuit’s recent decision in Apator Miitors ApS v. Kamstrump AS, No. 2017-1681 (Fed. Cir. Apr. 17, 2018) (Moore, joined by Linn and Chen)...

For Substitute Claims, “Possession is the Ninth-Tenths of the Law”

USA - April 5 2018 On March 20, 2018, the PTAB issued a Final Written Decision in Kapsch TrafficCom IVHS Inc. v. Neology, Inc., Case IPR2016-01763, Paper 60 (PTAB Mar...