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You Missed a Spot: The PTAB Should Consider All Presented Arguments and Evidence in Obviousness Determinations

USA - February 19 2021 The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness. Canfield Scientific, Inc…

Kendall Loebbaka.

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

USA - November 30 2020 On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant…

Curtiss Dosier.

Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds

USA - September 25 2020 A party joined to an IPR under 35 U.S.C. § 315(c) is not statutorily estopped from raising in district court any invalidity grounds other than those…

Justin J. Gillett.

Fintiv Is the New Nhk Springs: New Informative Decisions Sharpen the PTAB’s Focus on Discretionary Denials and Provide Guideposts for Parties

USA - August 18 2020 The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when…

Benjamin Anger.

Keeping up With the Kardashian-[Jenner]’s Trade Secret Battle

USA - August 10 2020 On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business…

Catherine Holland, Charlene A. Azema.