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Will the Supreme Court Kill IPRs?

USA - June 14 2017 This week, the Supreme Court granted Oil States Energy Service, LLC’s Petition for Cert, challenging the constitutionality of the IPRs. The primary...

Assignor Estoppel Remains Unavailable as an IPR Defense

USA - June 6 2017 The Board’s recent Final Written Decision in Arista Networks, Inc. v. Cisco Systems, Inc., Case IPR2016-00303, confirms that assignor estoppel...

The Supreme Court Will Review the Board’s Partial Institution Practice

USA - May 25 2017 On May 22, the U.S. Supreme Court granted SAS Institute's Petition for Cert seeking review of the Board's practice of instituting review of some...

Federal Circuit Clarifies That It Still Lacks Jurisdiction To Review Whether Petition Was Time-Barred

USA - September 27 2016 A “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.” 35 U.S.C. 314(d)...

USPTO Updates Accelerated Examination Program - Program Still Creates a Record That Could Be Cited Against Patent Owners in Post-Grant Trials

USA - August 16 2016 Today, the USPTO published a notice updating the accelerated examination program and noting that the USPTO plans to publish a request for comments to...