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Defendants Ordered to Coordinate Pretrial Litigation in MDL Are Not Necessarily 'Significantly Related' to Support Discretionary...

The Director of the U.S. Patent and Trademark Office vacated and remanded a decision from the Patent Trial and Appeal Board discretionarily denying institution of an inter partes review petition. The Director concluded that...more

Director Vacates PTAB’s Denial of Institution That Contradicted Federal Circuit Precedent on Anticipation and Written Description...

A Petitioner filed a request for rehearing and a request for Precedential Opinion Panel review after the Patent Trial and Appeal Board (PTAB or the “Board”) rejected its petition for post-grant review. The Director of the...more

Federal Circuit: Patent Term Adjustment Results in Invalidity on Obviousness-Type Double Patenting Grounds

The Federal Circuit recently affirmed a United States Patent and Trademark Office (PTO) decision to invalidate four related patents on obviousness-type double patenting grounds (OTDP), holding that any analysis of OTDP for...more

PTAB: Applicant-Admitted Prior Art Out of Bounds in IPR, If Used as Basis for Challenge

In an inter partes review, the Patent Trial and Appeal Board applied guidance from the U.S. Patent and Trademark Office and declined to consider an obviousness ground that was based on admissions about prior art in the...more

U.S. and U.K. Governments Seek Immediate Stakeholder Input on SEP/FRAND Policy

Successfully licensing standard-essential patents (SEPs) is key to a company’s ability to manufacture and sell products that practice a standard. With revolutionary advances in technology on the horizon, licensing of SEPs...more

U.S. Patent Office Director Kicks Back IPR Decision to PTAB Panel in Light of Federal Circuit Decision in Related IPR

In a rare move, the interim Director of the U.S. Patent Office granted review of a final written decision in an inter partes review proceeding. In its request for Director review, the patent owner argued that the Patent Trial...more

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