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Results:1-10 of 428

No mandamus relief from shenanigan-less non-institution decision
  • Marshall Gerstein & Borun LLP
  • USA
  • September 10 2018

Absent extraordinary circumstances, the Federal Circuit will not review Patent Trial and Appeal Board decisions refusing to institute inter partes


Relevant Public, Not General Public, When Determining Availability of Printed Publication
  • Jones Day
  • USA
  • August 9 2018

On July 27, 2018, the Federal Circuit reversed the PTAB’s finding that Petitioner GoPro, Inc. failed to establish the public availability of an


Publication Need not be IndexedSearchable to be Prior Art
  • Ropes & Gray LLP
  • USA
  • July 31 2018

Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board (PTAB) for its narrow public accessibility analysis in


Printed Publications & The PTAB
  • Ropes & Gray LLP
  • USA
  • July 26 2018

Yesterday I highlighted a significant decision for Patent Trial & Appeal Board (PTAB) practitioners pertaining to Real-Party-In-Interest (RPI) and


Failure to Report Claimed Allowed, But Plaintiff Shouldn’t Feel Bullish
  • Dechert LLP
  • USA
  • July 24 2018

We truly dislike decisions that find that claims of failure to report adverse events to the FDA are non-preempted, parallel violation failure to warn


When is a Disclosure Considered a Prior Art “Printed Publication”?
  • Vorys Sater Seymour and Pease LLP
  • USA
  • July 13 2018

On appeal from the Patent Trial and Appeal Board, the Federal Circuit affirmed-in-part and vacated-in-part the Board’s decision in two related inter


Summary of Medtronic, Inc. v. Barry
  • Sughrue Mion PLLC
  • USA
  • July 10 2018

In Medtronic, Inc. V. Barry, Case No. 2017-1169 (Fed. Cir. June 11, 2018), the Federal Circuit explained the factors relevant to determining whether


Subsidiary’s Facility Qualifies as a Regular and Established Place of Business of the Parent for Patent Venue Purposes
  • Squire Patton Boggs
  • USA
  • July 10 2018

A recent decision from the US District Court for the Western District of Texas suggests that district courts are taking a more expansive view of what


Decs, Slides, and Videotape: Utilizing non-patent literature in IPR
  • Oblon
  • USA
  • June 18 2018

In Medtronic, Inc. v. Barry (2017-1169 and 2017-1170), the Federal Circuit (Circuit Judges Taranto, Plager, and Chen, decision authored by Judge Chen


PTAB Failed to Properly Apply Test for Printed Publication
  • Marshall Gerstein & Borun LLP
  • USA
  • June 18 2018

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