Joseph M. Sauer (Joe)

Jones Day

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Tribal Sovereign Immunity Doctrine Does Not Insulate Tribes From Board Actions

USA - February 27 2018 In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review…

Thomas S. Koglman.

PTAB Statistics for Calendar Year 2017

USA - January 30 2018 The PTAB has posted the AIA Trial Statistics through the end of calendar year 2017. The statistics are available for download at the PTO website…

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…

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…

PTAB Sheds Light on Role of Prior Art in Discretionary Denial

USA - November 7 2017 The Patent Trial and Appeal Board (PTAB) recently designated as informative three cases involving discretionary denial of inter partes review under 35…