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Your search for ‘Ropes & Gray’ returned 3,799 results

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  • Article

    Competitor Standing In PTAB Appeals Pursued To SCOTUS

    Back in July, I predicted that competitor standing in PTAB appeals was a debate destined for cert petition. That petition was filed last Wednesday in Gen. Elec. Co. v. United Techs. Corp. ("GE")...
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Courts Apply More Flexible Analysis To PTAB Estoppel

    Prior to last year's SAS decision, district courts split over whether non-petitioned grounds were embraced by the "reasonably could have raised" aspect of 35 U.S.C. §§ 315
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
Article

In Re Aqua Products: Much Ado About Nothing

For PTAB practitioners, the en banc decision in In re Aqua Products is a complete non-event. While the decision has been embraced as a net positive for Patentees, practically speaking...
United StatesIntellectual Property
Ropes & Gray LLP
Ropes & Gray LLP
  • Article

    Invalidity Contentions As IPR Estoppel Markers

    A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a competent prior art search would have uncovered the art that is asserted post-IPR (i.e., raised or reasonably could have raised during the IPR. 35 U.S.C. § 315(e)(2)).
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Judge Gilstrap Cautions On Tactics Directed Solely To PTAB Interests

    The Defendants declined to file another 101 motion and represented that it would not file it again until after claim construction.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    New PTAB Ground Or Just Supporting Evidence?

    Recently, the Federal Circuit in Philips v. Google (here) explained that the Patent Trial & Appeal Board (PTAB) may only institute trial on grounds presented in a trial petition.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    New SAS Reality Impacts Motion To Stay Analysis

    At the time SAS Institute first raised its challenge to the partial institution practices of the Patent Trial & Appeal Board, I explained that should this argument ultimately prevail that it would be bad news...
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    No Arthrex Relief For Failed PTAB Petitioners

    While we await the en banc determination in Arthrex/Polaris, there have been a number of recent remands back to the PTAB (i.e., where the...
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Patent Owner Trick Or Treat? – Appointments Clause Debate To Jolt PTAB

    Back in June I explained the latest constitutional challenge to AIA Trial Proceedings under the Appointments Clause of the U.S. Constitution.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Designates AIA Decisions Informative

    The second decision outlines requirements for taking foreign depositions.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Discovery Of JDG Agreements

    It can be an uphill battle to secure additional discovery at the Patent Trial & Appeal Board (PTAB) given the "interests of justice" standard of IPR proceedings.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Fast-Track…Not So Fast

    Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Highlights Successful Application Of Objective Indicia

    Yesterday, the Patent Trial & Appeal Board (PTAB) designated one new precedential case, and two informative decisions directed to the application of objective indicia to obviousness determinations.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Judicial Conference Moves To San Jose & Dallas

    While the summer months are relatively quiet when it comes to marquee CLE events and bar organization gatherings, the Patent Trial & Appeal Board (PTAB) is providing a rare opportunity for stakeholders in late July.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB Sovereign Immunity Dispute Heads To CAFC

    State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Second Circuit Holds Patent No-Challenge Clause Unenforceable

    On July 10, 2012, the United States Court of Appeals for the Second Circuit held that a broad patent no-challenge clause in a Covenant Not to Sue agreement resolving a pre-litigation enforcement licensing effort was unenforceable on public policy grounds.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Unified Patent Court – Status Update

    As reported earlier the new UPC will go live after 13 member states in the EU, including the UK, France and Germany, ratify the agreement.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    USPTO Amends Rules Of Practice For Trials Before The Patent Trial And Appeal Board

    On 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 Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    PTAB's Sovereign Power Superior To State/Tribes

    In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
    United StatesLitigation, Mediation & Arbitration
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    California Attorney General Issues 2012 Data Breach Report – Announces Investigating Breaches of Unencrypted Personal Information In Transit Will Be Enforcement Priority

    In 2012, for the first time, companies and government agencies subject to California’s Breach Notification Law were required to submit copies of their data breach notices to the California Attorney General when the breach involved the personal information of more than 500 California residents.
    United StatesPrivacy
    Ropes & Gray LLP
    Ropes & Gray LLP
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