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Results:1-10 of 25

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

Federal Circuit allows appeal of PTAB time-bar decisions
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • January 17 2018

On January 8 2018 the US Court of Appeals for the Federal Circuit held en banc that Patent Trial and Appeal Board (PTAB) time-bar decisions relating

Delhi High Court reinstates substantive right to appeal post transition from Commercial Courts Ordinance to Commercial Courts Act
  • Khaitan & Co
  • India
  • July 19 2017

On 14 July 2017, the Hon'ble Delhi High Court, in the matter Simplex Infrastructures Limited v. Energo Engineering Projects Limited & Anr, (Review

'Injury-in-fact' standing required to appeal PTAB decision
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • January 25 2017

On January 11 2017 the Federal Circuit in Phigenix v Immunogen held that a petitioner challenging the validity of a patent in a Patent and Trademark

Federal Circuit holds failure to provide opportunity to respond to portion of prior art is procedural violation
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • December 5 2016

The Federal Circuit in In re NuVasive found that, in an inter partes review proceeding, the Patent Trial and Appeal Board (PTAB) violated a patentee's

No interlocutory review of pre-institution stay motion’s in CBM proceedings
  • McDermott Will & Emery
  • USA
  • April 30 2015

Upon consideration of an issue of first impression, the U.S. Court of Appeals for the Federal Circuit addressed its limited jurisdiction to hear an

FDA issues draft guidance on de novo classification process
  • King & Spalding LLP
  • USA
  • October 5 2011

On October 3, 2011, FDA issued a draft guidance entitled, “De Novo Classification Process (Evaluation of Automatic Class III Designation).”

Post-grant review under the AIA
  • King & Spalding LLP
  • USA
  • September 26 2011

Sections 6 and 18 of the newly enacted America Invents Act, introducing new statutory provisions 35 U.S.C. 321-329, created a new post-grant review procedure for third-parties to challenge the validity of a granted patent immediately after issuance similar to that of an opposition under European practice.

Historic patent reform passes Congress, but will have minimal effect on most companies
  • Fenwick & West LLP
  • USA
  • September 9 2011

Late yesterday, the Senate passed, without amendment, the House version of patent reform legislation.

Inter partes reexamination reinvented?
  • Morrison & Foerster LLP
  • USA
  • April 25 2011

Although inter partes reexamination has become an increasingly popular tool for challenging patent validity, the process appears to suffer from growing pains.