Joseph M. Sauer (Joe)

Jones Day

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Parallel litigation and inter partes review: don't forget about reissue

USA - August 13 2014 Inter partes review ("IPR") was introduced by the America Invents Act ("AIA") to provide a trial-like proceeding for challenging the patentability of…

David B. Cochran (Dave), Joshua R. Nightingale, Peter G. Thurlow.

Reference Reasonably Pertinent to One Problem Deemed Analogous Art

USA - December 22 2017 Section 103 does not, by its terms, define the "art to which [the] subject matter [sought to be patented] pertains," but longstanding precedent…

Observations: Five Months After Supreme Court SAS Institute

USA - October 24 2018 As an update to the May 15, 2018 post, available here, some post-SAS trends appear to be taking shape. For the five-month period from May 2018…

David Anderson.

Judges Recommend En Banc Reconsideration of Federal Circuit Holding in Achates

USA - November 25 2016 In a November 17, 2016 non-precedential decision, a Federal Circuit panel again considered whether its holding in Achates Reference Publishing, Inc…

PTAB Recognizes Limits to Eleventh Amendment Sovereign Immunity

USA - January 8 2018 In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had…