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Results:1-10 of 357

Confusion and Delay
  • Marshall Gerstein & Borun LLP
  • USA
  • December 3 2018

In Oil States Energy Services., LLC v. Greene’s Energy Group, LLC, Justice Thomas, writing for a 7-2 majority of the Supreme Court, explained that


IPR Estoppel does not apply to ITC Investigative Staff
  • Marshall Gerstein & Borun LLP
  • USA
  • November 14 2018

Judge Cheney of the United States International Trade Commission held that ITC Investigative Staff are not estopped from asserting invalidity of a


“Comments Anyone?”: PTO Makes Proposed New IPR Amendment Process
  • Marshall Gerstein & Borun LLP
  • USA
  • November 13 2018

On October 29, 2018, the Patent and Trademark Office published a request for comments on a proposal to establish a new procedure by which patent


Rule Changes Will Advance a Famous Judge Rich Axiom
  • Marshall Gerstein & Borun LLP
  • USA
  • October 23 2018

For AIA trial petitions filed after November 12, 2018, the Patent Trial and Appeal Board will construe claims challenged and proposed to be amended


Successful IPR Petition Time Barred Under 35 U.S.C. 315(b) by Involuntarily Dismissed Complaint
  • Marshall Gerstein & Borun LLP
  • USA
  • October 22 2018

In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co., Appeal Nos. 2017-1555, 217-1626 (Fed. Cir. Sept. 28, 2018), the Federal Circuit vacated


IPR Petition Fee Must Be Received Not Merely Tendered for Petition to be Afforded a Filing Date
  • Marshall Gerstein & Borun LLP
  • USA
  • October 4 2018

In this informative opinion, Luv N’ Care, LTD v. McGinley, Case IPR2017-01216, Paper 13 (Sept. 18, 2017) the PTAB clarified that to be accorded a


Attorneys’ Fees Not Awardable Expenses in Section 145 Actions
  • Marshall Gerstein & Borun LLP
  • USA
  • September 25 2018

In NantKwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. Jul. 27, 2018) (en banc), the Federal Circuit decided en banc that attorneys’ fees are not


Federal Circuit puts nail in coffin for petitioner’s case challenging casket patent
  • Marshall Gerstein & Borun LLP
  • USA
  • September 24 2018

In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed


Tradeshow catalog qualifies as prior art
  • Marshall Gerstein & Borun LLP
  • USA
  • September 17 2018

In a previous blog post, we reported that in a Final Written Decision on October 26, 2016, the PTAB concluded that GoPro, Inc. (GoPro) failed to


No mandamus relief from shenanigan-less non-institution decision
  • Marshall Gerstein & Borun LLP
  • USA
  • September 10 2018

Absent extraordinary circumstances, the Federal Circuit will not review Patent Trial and Appeal Board decisions refusing to institute inter partes