ArticlePTAB Amendment Alternatives: Patent Reissue & ReexaminationLast Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for AmendmentsUnited StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Closed To Court Of Federal Claims Matters?Last fall, I explained that the Patent Trial & Appeal Board (PTAB) was considering the relationship of government contractors in Court of Federal Claim (COFC) patent disputes against the U.S. government. United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Denies Petition Overlooking Objective Indicia Of Non-ObviousnessThe submission of so-called "objective indicia of non-obviousness" at the PTAB is rarely effective, especially in the predictable arts (i.e., mechanical/electrical). United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Estoppel May Not Stick At ITCThese advantages are not insignificant in today's patent monetization landscape.United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Estoppel Thwarts Post-Trial Invalidity ConsiderationLast week in Novartis Pharmaceutical Corp. v. Par Pharmaceutical Inc., Nos. 14-1289-RGA, 14-1494-RGA, 15-0078-RGA (D. Del. Apr. 11, 2019),United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB: Practice & Procedure Unchanged After Aqua ProductsIn implementing the Federal Circuit's In Re Aqua Products' holding, the Patent Trial & Appeal Board (PTAB) explains that "practice and procedure before the Board will not change."United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Precedent Distinguishes Prima Facie Case From AIA Trial PracticesYesterday, the Patent Trial & Appeal Board (PTAB) designated one new precedential case, and four informative decisions directed to printed publication analyses.United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Revisited: Avoiding Federal Circuit RemandsAppeals from the PTAB have now become a major component of the Federal Circuit's docket. Given the deferential "substantial evidence" standard accorded PTAB decisions, upward of 60% of such appeals are simply affirmed ...United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB To Address Updates To Trial Practice GuideThe USPTO will host a Boardside Chat webinar on Thursday, August 8, from noon to 1PM (EST) to address recent updates made to the AIA Trial Practice United StatesIntellectual PropertyRopes & Gray LLP
ArticlePTAB Trial Fees Increase 25% In OctoberThe United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time in three years. United StatesIntellectual PropertyRopes & Gray LLP
ArticleRehabilitating Failed PTAB ArtIPR estoppel under 35 U.S.C. § 315(e)(2) provides that "the petitioner in an inter partes review of a claim in a patent...United StatesIntellectual PropertyRopes & Gray LLP
ArticleSeptember PTAB CLEAs we move into the fall season, a host of bar association programs are on the horizon from IPO, AIPLA and others. But first, a few options for PTAB focused CLEUnited StatesIntellectual PropertyRopes & Gray LLP
ArticleShutting Down The PTAB With Forum Selection ClausesThe AIA statutes provide that a person who is not the owner of a patent, can challenge the patent at the Patent Trial & Appeal Board (PTAB). United StatesIntellectual PropertyRopes & Gray LLP
ArticleU.S. Supreme Court Upholds State Law Rights Of Trademark Licensees And Other Non-Debtor Contract Parties In BankruptcyOn May 20, 2019, the U.S. Supreme Court issued an 8-1 ruling in the case of Mission Product Holdings, Inc. v. Tempnology, LLC.United StatesIntellectual PropertyRopes & Gray LLP
ArticleUSPTO Amends Rules Of Practice For Trials Before The Patent Trial And Appeal BoardOn April 1, 2016, the U.S. Patent and Trademark Office (PTO) issued a series of amendments to the rules of practice for trials at the Patent Trial and Appeal Board.United StatesIntellectual PropertyRopes & Gray LLP
ArticleUSPTO Director May Soon Get Last Word At PTABAs I have discussed previously, Arthrex is more of an academic exercise for constitutional and administrative law nerds scholars than anything else. United StatesIntellectual PropertyRopes & Gray LLP
ArticleOFAC Issues Art Advisory, Highlighting Sanctions Risk In The Art TradeOn October 30, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") published an advisory to highlight sanctions risks arising from dealings in high-value artwork...United StatesInternational LawRopes & Gray LLP
ArticleWhat Are The Risks Keeping Asset Manager Compliance Teams Awake At Night?Investing in today's global market comes with its fair share of risks, with familiar concerns such as sanctions, regulatory compliance, and geopolitical issues taking centre stage. United StatesInternational LawRopes & Gray LLP
ArticleEighth Circuit Affirms False Claims Act Dismissal On Rule 9(b) GroundsThe U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a False Claims Act ("FCA") complaint in United States ex rel. Dunn v. North Memorial Health Care (8th Cir. No. 13-1099, Jan. 9, 2014) for failing to meet the particularity requirements of Rule 9(b).United StatesLitigation, Mediation & ArbitrationRopes & Gray LLP
ArticleSeventh Circuit Rejects False Claims Act And Retaliation Claims Premised On Purported Breach Of ContractOn October 11, 2016, the Seventh Circuit confirmed that there is no violation of the False Claims Act ("FCA") where the defendant allegedly violated a self-imposed requirement...United StatesLitigation, Mediation & ArbitrationRopes & Gray LLP