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Scott A. McKeown

Ropes & Gray LLP

Legal Influencer

Q4 | 2018

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Co-Pending ITC Action Less of an Equitable Concern for PTAB?

USA - January 16 2019 Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a...


IPR Art Simultaneously Qualifying as Known or Used Subject to Estoppel

USA - January 14 2019 Post SAS, there are fewer exceptions to IPR estoppel. Indeed, the absence of partial institutions has led to many courts finding the “reasonably...


Leveraging Your PTAB Record to Secure Attorney Fees in District Court

USA - January 10 2019 After Octane Fitness, district courts “may determine whether a case is ‘exceptional’ in the case-by-case exercise of their discretion, considering...


Dealing with SEP Demands & Royalty Stacking

USA - January 8 2019 Patent pools and groupings of standard essential patents (SEPs) facilitate one-stop shopping of patent licensees. When operated fairly, these...


USPTO Issues New 101112 Guidance

USA - January 4 2019 101 Guidance To Relax Patentability Standard? Today, the USPTO announced revised guidance for subject matter eligibility under 35 U.S.C. 101 (here)...