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Results: 1-10 of 320

Action Items: Implementing Bayh-Dole Act Updates
  • Marshall Gerstein & Borun LLP
  • USA
  • May 14 2018

Updated Bayh-Dole Act regulations are effective today. Here are the key steps federal funding recipients will want to take to comply with the new rule


Inventor’s Uncorroborated Testimony Not Sufficient to Swear Behind Reference
  • Marshall Gerstein & Borun LLP
  • USA
  • May 14 2018

Attempting to “swear behind” an alleged prior art reference has been common practice in IPRs, going back to the first IPR, Garmin Int’l, Inc. v


IPR and Estoppel after SAS Institute
  • Marshall Gerstein & Borun LLP
  • USA
  • May 9 2018

The Supreme Court held on April 24, 2018 that if the Patent Office institutes and inter partes review (IPR) proceeding, it must issue a final written


Patent Office Proposes to Jettison BRI in AIA Trials
  • Marshall Gerstein & Borun LLP
  • USA
  • May 8 2018

The Patent Office today issued a press release of its notice of proposed rulemaking that would replace the broadest reasonable interpretation standard


Tribal Sovereign Immunity Alone Cannot Protect Patents from IPR
  • Marshall Gerstein & Borun LLP
  • USA
  • May 4 2018

In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc


Federal Circuit Remands PTAB Decision to Assess Dependent Claim Patentability
  • Marshall Gerstein & Borun LLP
  • USA
  • May 3 2018

In MaxLinear Inc. v. CF Crespe LLC the Federal Circuit ruled that the PTAB did not address arguments concerning patentability of certain dependent


Motion to Amend Substituting Claims Granted in Full, Possibly Reflecting the Change Wrought By Aqua Products
  • Marshall Gerstein & Borun LLP
  • USA
  • May 2 2018

The Board recently granted a motion to amend, to replace unpatentable claims with proposed substitute claims, a rare occurrence that may signal a


Supreme Court Decides that IPR Final Decisions Must Address All Challenged Claims
  • Marshall Gerstein & Borun LLP
  • USA
  • April 24 2018

On April 24, 2018, the Supreme Court issued its decision in SAS Institute, Inc. v. ComplementSoft, LLC, holding that if the Patent Office institutes


The Supreme Court Finds IPR Proceedings Constitutional
  • Marshall Gerstein & Borun LLP
  • USA, United Kingdom
  • April 24 2018

Inter partes review (IPR) is a procedure that allows a party to challenge the validity of an issued patent based on prior art patents or printed


Claim Term Read Out by PTAB Constituted “Harmless Error”
  • Marshall Gerstein & Borun LLP
  • USA
  • April 20 2018

In a recent non-precedential decision, Snap-on Inc. v. Milwaukee Elec. Tool Corp., No. 2017-1305, 2018 WL 935454 (Fed. Cir. Feb. 16, 2018), the