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Buyer Beware: Post-Facto Mergers a New Potential IPR Killer

Overturning prior PTAB precedent, the Federal Circuit has now held that post-facto business mergers that create a new real-party-in-interest (“RPI”) trigger the one-year bar date for filing IPR petitions on patents asserted...more

Reduced Scope of Post-IPR Estoppel Imperils Litigation Stays

In Depomed, Inc. v. Purdue Pharma LP et al., 3-13-cv-00571 (NJD November 4, 2016, Mem. Op. Dkt. 238) (Bongiovanni, MJ), the Court analyzed and applied recent Federal Circuit decisions limiting the scope of post-IPR estoppel...more

Rolling the Dice on Foreign Depositions in IPR Proceedings

In litigation, it is not uncommon for depositions to be taken outside the United States, particularly when a given witness resides outside the United States and cannot or does not wish to travel to the United States. In IPR...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

Six Tips for Demonstratives in PTAB Hearings

Oral hearings before the PTAB are the time to shine, to convince the judges why your position is right, why your opponent’s position is wrong, and to address questions head-on and reassure the judges regarding any real or...more

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