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Mintz | European Union, USA | 5 Feb 2019

Patent Term Adjustment: The Real Meaning of Applicant Delay

On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA). PTA was…

Marshall Gerstein & Borun LLP | USA | 26 Jun 2018

Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute

The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018)…

Marshall Gerstein & Borun LLP | USA | 18 Jun 2018

PTAB Failed to Properly Apply Test for Printed Publication

The Federal Circuit vacated and remanded the PTAB’s decision that a video demonstration and slides distributed by Petitioner Medtronic at three…

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 6 Jun 2018

Collateral Estoppel May Be Applied Sua Sponte to Co-Pending Actions

In XY, LLC v. Trans Ova Genetics, L.C., the Federal Circuit applied collateral estoppel sua sponte following a related decision upholding the…

Jones Day | USA | 5 Jun 2018

File It: Motion for Remand in View of SAS Institute

We have previously discussed the ramifications of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, which held that the PTAB cannot…

Proskauer Rose LLP | USA | 14 May 2018

Auto Dealership Service Advisors Are Exempt From Federal Overtime Requirements

An amendment to the Fair Labor Standards Act ("FLSA") exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in…

Jones Day | USA | 24 Apr 2018

U.S. Supreme Court: No More Partial Institution Practice In AIA Reviews

In a win for SAS Institute, represented by Jones Day attorneys Greg Castanias, John Marlott, and Dave Cochran, the U.S. Supreme Court issued its…

Cadwalader Wickersham & Taft LLP | USA | 29 Mar 2018

Marketplace Lending Update #2: Another Rocky Mountain Remand

In our prior Clients & Friends Memo “Who’s My Lender?” published on March 14, 2018, we analyzed two actions brought against marketplace lenders, one…

Sterne Kessler Goldstein & Fox PLLC | USA | 9 Mar 2018

No Second Chance on Remand for Late Arguments

On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made for the…

Kilpatrick Townsend & Stockton LLP | USA | 4 Mar 2018

A Practical Guide to Settling Class Action Cases on Appeal

This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class…
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