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Don’t Judge a Conditional Certification Motion by Its Cover
  • Seyfarth Shaw LLP
  • USA
  • May 3 2017

A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling

To Establish Entitlement to an Earlier Effective Filing Date, Every Claim Limitation Must be Addressed
  • Marshall Gerstein & Borun LLP
  • USA
  • May 1 2017

The PTAB’s final written decision in Inguran, LLC dba Sexing Techs. v. Premium Genetics (UK) LTD., Case PGR2015-00017, Paper 22 (PTAB 2016)

Article III Standing Found for PTAB Appeal Where Threat of Suit
  • Oblon
  • USA
  • February 10 2017

Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial

Phigenix v. ImmunoGen: IPR Challenger May Lack Standing to Appeal to Federal Circuit
  • Nutter McClennen & Fish LLP
  • USA
  • February 2 2017

The America Invents Act (AIA) established a number of procedures for challenging a granted patent at the Patent Trial and Appeal Board (PTAB). While

Federal Circuit Dismisses Appeal where IPR Petitioner Lacked Standing to Appeal
  • Marshall Gerstein & Borun LLP
  • USA
  • February 2 2017

In Phigenix, Inc. v. ImmunoGen, Inc., No. 2016-1544 (Fed. Cir. Jan. 9, 2017), the Federal Circuit dismissed, for lack of standing under Article III

PhigenixWiFi a Double Bind for Future PTAB Privity Disputes?
  • Oblon
  • USA
  • January 25 2017

Two weeks back, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial

The Federal Circuit’s Standing Requirement to Appeal Patent Office Decisions
  • Proskauer Rose LLP
  • USA
  • January 24 2017

In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S

Federal Circuit Dismisses the Appeal of the PTAB’s Decision in an Inter Partes Review Because the Appellant Lacks Standing
  • Hunton Andrews Kurth LLP
  • USA
  • January 9 2017

Appellant Phigenix sought IPR of U.S. Patent No. 8,337,856 (“the ’856 patent”), alleging obviousness in view of the provided prior art. In its Final

Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases
  • K&L Gates
  • USA
  • August 10 2016

With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah
  • Akerman LLP
  • USA
  • August 8 2016

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that