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Squire Patton Boggs | USA | 18 Apr 2019

Further Changes for Patent Validity Challenges at the PTAB May Favor Patentees

The America Invents Act’s creation of patent challenge proceedings to be conducted by the USPTO’s Patent Trial and Appeals Board (PTAB) provided a…

Rothwell, Figg, Ernst & Manbeck, PC | USA | 17 Apr 2019

Precedential Decision on Diligence: ATI Technologies ULC v. Iancu

The Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB” or “the Board”) ruling that invalidated three patents in three separate IPR…

Mintz | USA | 17 Apr 2019

Understanding Antedating of a Prior Art Reference for a Patent

The Federal Circuit’s decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed…

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 17 Apr 2019

Developing Optional Feature Did Not Disrupt “Diligent” Reduction to Practice

In ATI Technologies ULC v. Iancu, Nos. 2016-2222, -2406, -2608 (Fed. Cir. Apr. 19, 2019), the Federal Circuit reversed the Board’s decision that…

Jones Day | United Kingdom, USA | 16 Apr 2019

Bankruptcy Court in Chapter 15 Case Refuses to Extend Comity to Gibbs Rule in Enforcing Croatian Settlement Modifying English-Law Debt

For more than a century, courts in England and Wales have refused to recognize or enforce foreign court judgments or proceedings that discharge or…

Jones Day | USA | 16 Apr 2019

Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt

In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled…

Haynes and Boone LLP | USA | 12 Apr 2019

Multi-Employer Worksite Doctrine Applies to Worksites in Texas, Louisiana or Mississippi

On November 26, 2018, the Fifth Circuit issued its decision in Acosta v. Hensel Phelps Constr. Co., upholding OSHA's Multi-Employer Worksite…

Michael Best & Friedrich LLP | USA | 11 Apr 2019

False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

In writing this post, I had hoped to get back to basics and address the elements of a false advertising claim. But when doing so, the proverbial…

Reed Smith LLP | USA | 10 Apr 2019

The CMS DTC Drug Pricing Rule - FDA v. Brown & Williamson All Over Again?

We saw recently that Centers for Medicare & Medicaid Services (“CMS”) has sent its proposed “Regulation To Require Drug Pricing Transparency” to the…

Baker & Hostetler LLP | USA | 10 Apr 2019

Illinois District Court Stays Conditional Certification Order Pending Appeal on Arbitrability Issues

Following the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to…
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