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Category: "ptab"

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SCOTUS Watch: IPRs Do Not Violate Article III or Seventh Amendment

Article III of the U.S. Constitution states: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain...

Fed Circuit Watch: Knowles Déjà Vu as PTAB Not (Necessarily) Bound to Prior Court Claim Construction

In a case of déjà vu, the Court of Appeals for the Federal Circuit handed down Knowles Electronics LLC v. Iancu, on April 6, 2018. This case bears striking resemblance to an earlier-issued case this...

Fed Circuit Watch: PTAB Obligated to Follow Own Rules

On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum) In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that...

No Tribal Sovereign Immunity in IPR

On February 23, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued a decision denying the St. Regis Mohawk Tribe’s various motions to terminate several inter...

McAward as Precedential and Lower Standard for Indefiniteness During Prosecution

Way back on August 25, 2017, the U.S. Patent and Trademark Office designated Ex parte McAward as precedential authority for defining the USPTO and the PTAB’s policy on assessing indefiniteness as...

Fed Circuit Watch: Time-Bar in IPR Institution Petition is Appealable

One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp., in which the en banc panel held the PTAB decision to institute or not an inter partes review...

SCOTUS Watch: Musings on Oil States

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As we await a decision from the U.S. Supreme Court on the constitutionality of IPRs before the PTAB at the USPTO, I reviewed two related points relevant to the underlying discussion in Oil States...

SCOTUS Watch: Oral Arguments in Oil States

On November 27, 2017, the U.S. Supreme Court heard oral arguments in the Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. This case is discussed in a previous blog posting, but as a...

SCOTUS Watch: Oil States Oral Hearing Preview

On November 27, 2017, the U.S. Supreme Court will hear oral arguments in the appeal from the Court of Appeals for the Federal Circuit, Oil States Energy Services v. Greene’s Energy Group. Certiorari...

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