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Akzo Fails to “Collect” Reversal of Dow’s Summary Judgement of Noninfringement

USA - February 16 2016 In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., Nos. 2015-1331, -1389 (Fed. Cir. January 29, 2016), the Federal Circuit affirmed the district…

PTAB finds service of complaint was proper, denies IPR petitions filed one day too late

USA - February 3 2016 The PTAB denied Lannett Holdings' petitions for IPR of AstraZeneca's U.S. Patent Nos. 6,750,237 and 7,220,767 because the petitions were filed one…

Patentee in IPR proceedings must establish patentability of substitute claims over all prior art of record—not just art cited in institution decision

USA - June 29 2015 In Microsoft Corp. v. Proxyconn, Inc., Nos. 14-1542, -1543 (Fed. Cir. June 16, 2015), the Federal Circuit addressed two aspects of inter partes…

PTAB denies motion to amend claims in first IPR final written decsion

USA - November 26 2013 The Patent Trial and Appeal Board (“PTAB”) issued its first final written decision in an IPR proceeding,

Litigation stay with limited estoppel imposed on non-IPR-requester defendants

USA - October 17 2013 The inter partesreview (IPR) statute includes an estoppel provision that precludes an IPR requester from asserting any ground of invalidity that the…