Joseph M. Sauer (Joe)

Jones Day


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Eleventh Amendment Revisited - Board Again Finds Sovereign Immunity Applies to PTAB

USA - June 5 2017 Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment…

Federal Circuit Opens the Door to Use of Evidence by the Patent Trial and Appeal Board (PTAB) Beyond the Four Corners of the Petition

USA - July 14 2016 Current understanding of the PTAB process holds that a party’s petition challenging a patent must contain all evidence and arguments for institution…

Marissa Alfano.

Observations: Three Weeks After Supreme Court’s SAS Institute Decision

USA - May 15 2018 Anyone reading this post is likely well aware that on April 24 the Supreme Court put an end to the PTAB's practice of instituting inter partes review…

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 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…