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PTAB’s Interpretation of “Same or Substantially the Same Prior Art” Under 325(d)
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 20 2018

The PTAB has broad discretion under 35 U.S.C. 325(d) to deny institution if “the same or substantially the same prior art or arguments previously


The OFCCP’s Been Busy 9 New Directives This Year, Largely Pro-Business
  • Hunton Andrews Kurth LLP
  • USA
  • September 20 2018

The OFCCP vowed things would change after President Trump’s election. It is making good on that promise. The Agency issued three new Directives in the


PTAB Debates Standard for Reasonable Number of Substitute Claims
  • Ropes & Gray LLP
  • USA
  • September 18 2018

Given the complications associated with amending litigated claims, amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet


New IRS Guidance Regarding Section 162(m)’s Deduction Limitation for Executive Compensation - Increased Complexity and Reduced Availability of Grandfathering
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 17 2018

The Internal Revenue Service (the “IRS”) recently issued Notice 2018-68 (the “Notice”) that provides guidance regarding the application of Section


When Is A Timely IPR Petition Not Timely Enough?
  • Jones Day
  • USA
  • September 17 2018

A petition for inter partes review is timely if it is filed within one year of service of a complaint alleging infringement of the challenged patent


Pfizer Loses Out On Its Follow-On Petition Challenges to Genentech’s anti-HER2 Patents Because It Did Not Follow General Plastics Guidance
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 11 2018

Recently, Pfizer was denied institution of two follow-on inter partes review (IPR) petitions, IPR Nos. 2018-00330 and 2018-00331 (“the 2018


Supreme Court’s Decision Upholding Arbitration Agreements Applies to Independent Contractors Too
  • Hunton Andrews Kurth LLP
  • USA
  • September 11 2018

As we wrote about last month, on May 21, 2018, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018)


PTAB Denies Institution Of Follow-On Petition From Similarly Situated Defendant
  • Jones Day
  • USA
  • September 10 2018

In Shenzhen Silver Star Intelligent Tech. v. iRobot Corp., IPR2018-00761, Paper 15 (PTAB Sept. 5, 2018), the PTAB denied institution of Shenzhen


PTAB Must Consider Reply Arguments that Merely Expand on Petitioner’s Original Positions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • September 5 2018

In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2017-1521 (Fed. Cir. Aug. 27, 2018), Ericsson appealed a PTAB decision finding that claims 1-3


USPTO Publishes Update to PTAB Trial Practice Guide
  • Hunton Andrews Kurth LLP
  • USA
  • August 30 2018

The U.S. Patent and Trademark Office has published an update to the Office Patent Trial Practice Guide for inter partes reviews (IPR) and other