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IPR: New Evidence OK - New Theory NO
  • Jones Day
  • USA
  • December 6 2018

Among the many differences from a patent litigation in a district court, the expedited nature of an inter partes review (IPR) brings with it an


Federal Circuit Rules that Assignor Estoppel Does Not Apply to IPR Petitions
  • Brooks Kushman PC
  • USA
  • December 6 2018

Arista Networks, Inc. v. Cisco Systems, Inc., Case No. 2017-1525 (Fed. Cir. Nov. 9, 2018) The Federal Circuit recently ruled that a petition for


Printed Publications - Public Accessibility Requires More Than Technical Accessibility
  • Haynes and Boone LLP
  • USA
  • December 4 2018

In Acceleration Bay, LLC v. Activision Blizzard Inc. et al., Nos. 2017-2084, 2085, 2095, 2096, 2097, 2098, 2099, 2117, 2118 (Nov. 6, 2018), the


Preview: Supreme Court 20182019 Intellectual Property Docket
  • Brooks Kushman PC
  • USA
  • December 4 2018

Although the U.S. Supreme Court historically has heard relatively few intellectual property cases, it has shown a heightened interest in recent years


Allergan v. Teva Pharmaceuticals USA: Will the Recognized Commercial Success of Restasis Demonstrate Non-Obviousness?
  • Banner & Witcoff Ltd
  • USA
  • December 3 2018

At the November 6, 2018, oral arguments at the U.S. Court of Appeals for the Federal Circuit, Allergan and the St. Regis Mohawk Tribe faced off


Magic! Now You See the Patent, Now You Don't!
  • Banner & Witcoff Ltd
  • USA
  • December 3 2018

November 15, 2018 -- Inter partes reviews (IPRs) continue to kill patents. And they do so in some amazing situations. One is where the patents


Post-Priority References Can Be Used in Context of Obviousness Analysis
  • McDermott Will & Emery
  • USA
  • November 30 2018

In two opinions by the same panel concerning the same three patents, the US Court of Appeals for the Federal Circuit relied in part on post-priority


Benefit of Earlier Filing Date or Gaining Patent Term? Patentee Can’t Have Its Cake and Eat It Too
  • McDermott Will & Emery
  • USA
  • November 30 2018

Affirming a Patent Trial and Appeal Board (PTAB) priority determination invalidating a patent, the US Court of Appeals for the Federal Circuit found


USPTO Proposes Rule Changes for Amendments in IPR
  • Hunton Andrews Kurth LLP
  • USA
  • November 30 2018

A longstanding complaint of patent owners involved in inter partes review (IPR) before the United States Patent and Trademark Office (USPTO) has been


Leveraging SAS Leftovers to Avoid PTAB Institution
  • Ropes & Gray LLP
  • USA
  • November 29 2018

Since the unraveling of partial institution practices in SAS Institute, stakeholders have speculated that the Patent Trial & Appeal Board may begin