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Federal Circuit Narrows Ability of Defendants to Request Inter Partes Review After Service of Complaint in Unusual En Banc Footnote
  • Jenner & Block LLP
  • USA
  • September 10 2018

In Click-To-Call Techs., LP v. Ingenio, Inc., _ F.3d _, 2018 WL 3893119 (Fed. Cir. Aug. 16, 2018), the en banc Federal Circuit recently held that the


PTAB Issues Fourth Installment Of Its Motion To Amend Study
  • Jones Day
  • USA
  • August 14 2018

On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided


Federal Circuit Splits Hairs in Hair Removal Product Interference Proceeding
  • Marshall Gerstein & Borun LLP
  • USA
  • August 7 2018

In General Hospital Corp. v. Sienna Biopharmaceuticals, Inc., Case No. 2017-1012 (Fed. Cir. May 4, 2018), the Federal Circuit affirmed the PTAB’s


Claim Constructions Under the Broadest Reasonable Interpretation Standard Must be Reasonable
  • Jones Day
  • USA
  • July 23 2018

On July 13, 2018, the Federal Circuit reversed the PTAB’s finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 (“the ’118 Patent”) are


Tribal Sovereign Immunity Denied, Will State Immunity Hold at the PTAB?
  • Ropes & Gray LLP
  • USA
  • July 22 2018

Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board's (PTAB) denial of tribal sovereign immunity as a patent owner defense to


Eleventh Circuit: “Necessary” Means “Used” - Not “Necessary” - When Determining “Handling Clause” Coverage Under FLSA
  • Ford & Harrison LLP
  • USA
  • July 19 2018

In Asalde v. First Class Parking Sys., a collective action for unpaid minimum wage and overtime, the United States Court of Appeals for the Eleventh


Restaurant Industry Association Files Suit Challenging “8020” Rule
  • Jackson Lewis PC
  • USA
  • July 13 2018

The Restaurant Law Center, a public policy affiliate of the National Restaurant Association, has filed suit against the Department of Labor and its


Arbitration awards in the USA
  • Dechert LLP
  • USA, Global
  • July 13 2018

A structured guide to arbitral awards in the USA


PTAB May Cite New References Not Cited in the IPR Petition
  • Marshall Gerstein & Borun LLP
  • USA
  • July 13 2018

In affirming a PTAB IPR decision canceling claims for obviousness, the Federal Circuit concluded that the PTAB’s reliance on references not included


Untimely Physician Certifications for Medicare Home Care ClaimsArguably a TechnicalityVulnerable to False Claims Act Allegations: Sixth Circuit
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 11 2018

On June 11, 2018, the United States Court of Appeals for the Sixth Circuit sustained a complaint against a home health care agency alleging that the