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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

Ford Succeeds In Invalidating Some, But Not All, Claims Of Two Paice’s Patents Related To Hybrid Vehicles
  • Hunton Andrews Kurth LLP
  • USA
  • February 1 2018

Patent owner Paice appealed from PTAB’s final written decisions in six inter partes reviews (“IPR”) holding certain challenged claims of its two

Statement of Agreement or Disagreement with Attorney Argument Alone Does Not Provide Substantial Evidence To Support PTAB Findings
  • Marshall Gerstein & Borun LLP
  • USA
  • July 26 2017

In Google Inc. v. Intellectual Ventures II LLC, Appeal 2016-1543, 2016-1545 (Fed. Cir. July 10, 2017), the Federal Circuit affirmed the PTAB’s final