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Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute
  • Marshall Gerstein & Borun LLP
  • USA
  • June 26 2018

The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018


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


Collateral Estoppel May Be Applied Sua Sponte to Co-Pending Actions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 6 2018

In XY, LLC v. Trans Ova Genetics, L.C., the Federal Circuit applied collateral estoppel sua sponte following a related decision upholding the


File It: Motion for Remand in View of SAS Institute
  • Jones Day
  • USA
  • June 5 2018

We have previously discussed the ramifications of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, which held that the PTAB cannot


U.S. Supreme Court: No More Partial Institution Practice In AIA Reviews
  • Jones Day
  • USA
  • April 24 2018

In a win for SAS Institute, represented by Jones Day attorneys Greg Castanias, John Marlott, and Dave Cochran, the U.S. Supreme Court issued its


No Second Chance on Remand for Late Arguments
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • March 9 2018

On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made for the


PTAB Gets A Math Lesson
  • Marshall Gerstein & Borun LLP
  • USA
  • March 2 2018

In Shinn Fu Co. of America, Inc. v. The Tire Hanger Corp., Dkt. No. 2016-2250 (Fed. Cir. July 3, 2017), Shinn Fu appealed the Board’s holding in


Federal Circuit Revives Polaris’ Claims After PTAB’s Obviousness Analysis Veers Off Course
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • February 23 2018

On February 9, 2018, in vacating and remanding parts of an obviousness decision, the Federal Circuit found that the Patent Trial and Appeal Board


Back For More: What To Expect After A Federal Circuit Remand
  • Baker Botts LLP
  • USA
  • February 21 2018

While the volume of appeals from the PTAB to the Federal Circuit continues to climbFY2017 marked the second consecutive year in which PTAB appeals


Reverse or Remand: What is the proper remedy on appeal where the Board fails to carry its burden?
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • February 12 2018

Is there a growing split in the Federal Circuit on the proper remedy where the Patent Trial and Appeal Board ("Board") fails to carry its burden? The