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Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

USA - August 24 2020 Summary: Congress foreclosed the possibility of Administrative Procedure Act (APA) review of an Inter Partes Review (IPR) proceeding by district…

Benjamin L. Van Adrichem, Paul Stewart.

Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

USA - August 24 2020 Summary: Res judicata may bar subsequent claims regarding conduct substantially similar to conduct accused in a prior action that was dismissed for…

James Yang, Paul Stewart.

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

USA - July 20 2020 Summary: An invalidity challenge, raised after the close of an ITC investigation, is not a changed condition under 19 U.S.C. § 1337(k)(1) for which…

Eric R. Malmgren, Paul Stewart.

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

USA - June 9 2020 Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully adjudicated at the district court, the litigant’s fee…

Brandon G. Smith, Paul Stewart.

Remands Under Arthrex Limited to Final Written Decisions Issued Prior to Arthrex

USA - May 6 2020 Wirtgen America, Inc. petitioned the Patent Trial and Appeal Board for inter partes review (“IPR”) of Caterpillar Paving Products Inc.’s…

Paul Stewart.