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Results: 1-10 of 6,242

Expanded Panel Ratifies Post-Petition Disclaimer As Legitimate CBM Eligibility Strategy
  • Jones Day
  • USA
  • October 11 2017

An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction. In


ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs
  • Mintz Levin
  • USA
  • October 6 2017

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage


In Re Aqua Products: Much Ado About Nothing
  • Ropes & Gray LLP
  • USA
  • October 5 2017

Federal Circuit Flips Burden in PTAB Motion to Amend For PTAB practitioners, the en banc decision in In re Aqua Products is a complete non-event


Federal Circuit Concludes that PTAB Not Justified in Placing Burden of Persuasion on Patent Owners When They Seek to Amend Claims in Inter Partes Review
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • October 4 2017

After several months of consideration, the U.S. Court of Appeals for the Federal Circuit sitting en banc in Aqua Products, Inc. v. Matal has concluded


SEC’s ALJ Dismisses Fraud Charges In High-Profile Lynn Tilton Case
  • Shearman & Sterling LLP
  • USA
  • October 3 2017

On September 27, 2017, an administrative law judge ("ALJ") for the United States Securities and Exchange Commission ("SEC") dismissed the SEC's


Timely Joinder Cannot Save Untimely IPR When Nothing to Join
  • Jones Day
  • USA
  • October 3 2017

In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos


Escobar's Effect on False Claims Act Qui Tam Actions
  • Dinsmore & Shohl LLP
  • USA
  • October 2 2017

The False Claims Act (FCA or Act) can be a real punch in the gut for businesses on the wrong side of an FCA claim. The Act, codified at 31 U.S.C


Fraud on the FDA? If Not Preempted, It Is Trumpery
  • Reed Smith LLP
  • USA
  • October 2 2017

With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are


Lengthy Leave of Absence Loses Reasonable Accommodation Status Under the ADA
  • Saul Ewing Arnstein & Lehr LLP
  • USA
  • September 28 2017

As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act ("ADA") can be a


Update on Sovereign Immunity as a Defense in Post-Grant Proceedings
  • Baker Botts LLP
  • USA
  • September 28 2017

In early September the pharmaceutical company Allergan announced a surprising transfer of its patents related to the billion-dollar dry-eye drug