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Results: 1-10 of 297

PTAB Cases You Should Know
  • Marshall Gerstein & Borun LLP
  • USA
  • February 22 2018

The Federal Circuit, Supreme Court, and PTAB have been addressing a number of big issues in 2017 and 2018. Here are the cases you should know


A Split Federal Circuit Panel “at Once Envisaged” Different Conclusions of Anticipation
  • Marshall Gerstein & Borun LLP
  • USA
  • February 19 2018

Can the disclosure in a prior art reference be too extensive for the art not to anticipate? According to a recent decision, the Federal Circuit


Avoid Creating Bad Blood with the Board
  • Marshall Gerstein & Borun LLP
  • USA
  • February 12 2018

The Board recently denied a post grant review petition because the challenge was deemed redundant of the Patent Office’s earlier examination of


Patent Owner Estoppel May Apply When Patent Owner Cancels Claims Before IPR Institution
  • Marshall Gerstein & Borun LLP
  • USA
  • February 1 2018

In Arthrex, Inc. v. Smith & Nephew, Inc., No. 2017-1239 (Fed. Cir. Jan. 24, 2018), the Federal Circuit affirmed the PTAB’s entry of adverse judgment


PTAB Defines Further Limitation to Sovereign Immunity Defense
  • Marshall Gerstein & Borun LLP
  • USA
  • January 24 2018

Sovereign immunity is not available to dismiss an IPR challenge where the Patent Owner has filed an infringement action against the Petitioner


PTAB’s Time Bar Determinations Are Reviewable by the Federal Circuit
  • Marshall Gerstein & Borun LLP
  • USA
  • January 12 2018

In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB’s application of the 35 U


The United States Can Have Standing in AIA Proceedings
  • Marshall Gerstein & Borun LLP
  • USA
  • January 9 2018

When “sued for infringement” within the meaning of 28 U.S.C. 1498(a), the United States has standing to petition the Patent Office to institute


Federal Circuit Again Reminds PTAB that BRI Must Be Reasonable
  • Marshall Gerstein & Borun LLP
  • USA
  • January 8 2018

Last fall, the Federal Circuit reversed a PTAB decision that affirmed an Examiner’s rejection of various claims in an ex parte reexamination because


PTAB Should Have Considered Argument Raised in “Redundant,” Non-instituted Ground
  • Marshall Gerstein & Borun LLP
  • USA
  • January 4 2018

In CRFD Research Ltd. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit determined that the PTAB erred in its obviousness analysis


CAFC: PTAB Abused Its Discretion When It Refused to Admit Expert’s Trial Testimony
  • Marshall Gerstein & Borun LLP
  • USA
  • January 3 2018

In Ultratec, Inc. v. CaptionCall, LLC, No. 2016-1706 (Fed. Cir. Aug. 28, 2017), the Federal Circuit vacated and remanded multiple IPR decisions where