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Article

Marshall Gerstein & Borun LLP | USA | 10 Apr 2019

Is that Prior Art?

The nature of any inter partes dispute apparently is to engage in even a seemingly mundane dispute. After all, that’s the dispute that may lead you to

Article

Marshall Gerstein & Borun LLP | USA | 8 May 2018

Patent Office Proposes to Jettison BRI in AIA Trials

The Patent Office today issued a press release of its notice of proposed rulemaking that would replace the broadest reasonable interpretation standard

Article

Marshall Gerstein & Borun LLP | USA | 24 Apr 2018

Supreme Court Decides that IPR Final Decisions Must Address All Challenged Claims

On April 24, 2018, the Supreme Court issued its decision in SAS Institute, Inc. v. ComplementSoft, LLC, holding that if the Patent Office institutes

Article

Marshall Gerstein & Borun LLP | USA | 12 Jan 2018

PTAB’s Time Bar Determinations Are Reviewable by the Federal Circuit

In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB’s application of the 35 U

Article

Marshall Gerstein & Borun LLP | USA | 20 Sep 2016

Federal Circuit Again Refuses to Review PTAB’s Application of the Time Bar to AIA Petitions

The Federal Circuit has again concluded it may not review the PTAB's institution of inter partes review (IPR) over a patent owner's objections that

Article

Marshall Gerstein & Borun LLP | USA | 18 Jul 2016

The Possibility of Inconsistent Results Inherent to Congress’s Design of AIA Trial Reviews

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court recognized that a “district court may find a patent claim to be valid, and the agency may

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