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12,410 results found


Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 19 Jun 2019

Explain Yourself: Federal Circuit Review of PTAB Decisions under the APA

The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") retains exclusive jurisdiction over appeals of final written decisions from the


Shelston IP Pty Ltd | USA | 18 Jun 2019

Let the Petitioner Beware: Clearing a path by proactively challenging patents in an IPR may result in a lack of standing to appeal an adverse decision

A recent decision by the United States Federal Circuit (AVX Corporation v Presidio Components, Inc (Fed Cir, No 2018-1106, 13 May 2019)) has


Ropes & Gray LLP | USA | 17 Jun 2019

Federal Circuit Confirms that State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents from AIA Patent Challenges

On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in


Harness, Dickey & Pierce, PLC | USA | 17 Jun 2019

Broadening Reissue Claims Must Be Clearly and Unequivocally Supported in Original Disclosure

The Federal Circuit issued a precedential decision in Forum US v. Flow Valve, holding that the originally filed specification must clearly and


Marshall Gerstein & Borun LLP | USA | 17 Jun 2019

State University Patents Are Not Immune from Inter Partes Review

The Federal Circuit on June 14 affirmed Patent Office decisions in inter partes review (IPR) proceedings canceling patents the University of


Venable LLP | USA | 17 Jun 2019

Federal Circuit Panel Holds That State Sovereign Immunity Does Not Apply to IPRs

On June 14, 2019, a Federal Circuit panel (Judges Dyk, Wallach, and Hughes) in Regents of the Univ. Of Minn. V. LSI Corp., 2018-1559, held that state


Greenberg Traurig LLP | USA | 11 Jun 2019

Supreme Court Prevents the Government From Bringing AIA Post Patent-Issuance Review Challenges

In a 6-3 decision authored by Justice Sotomayor, on June 10, 2019, the Supreme Court held that “a federal agency is not a ‘person’ who may petition


Harness, Dickey & Pierce, PLC | USA | 30 May 2019

Lack of All Substantial Rights Deprived Plaintiff of Statutory Standing, But Not Article III Standing

In Lone Star Silicon Innovations LLC. V. Nanya Technology Corporation, 2018-1581 (May 30, 2019), the Federal Circuit affirmed the district court’s


Harness, Dickey & Pierce, PLC | USA | 23 May 2019

We Shall fight in the Fields and in the Streets, We Shall Fight in the Hills; We Shall Never Surrender.

In Papst Licensing GmbH & Co. KG v. Samsung Electronics America, Inc., 2018-1777 (May 23, 2019), the Federal Circuit affirmed the Patent Trial and


Harness, Dickey & Pierce, PLC | USA | 21 May 2019

Detailed Explanation and Corroboration Made “Sham Affidavit” Doctrine Inapplicable

In Quest Integrity USA, LLC v. Cokebusters USA Inc., 2017-2423 (May 21, 2019), the Federal Circuit affirmed the judgment of invalidity as to claims

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