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2020 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

IPR Time Barred After Counsel Uploads Incorrect Document in Place of Petition

The decision by the Patent Trial and Appeal Board illustrates the dangers in waiting until the last day of the one-year statutory bar to file a petition, and the importance of double checking the filed documents on the PTAB’s...more

District Court Applies IPR Estoppel to Physical Products That Are Materially the Same as Available Publications

In Wasica Finance GmbH v. Schrader International, et al., the US District Court of Delaware found that a defendant’s failed inter partes review (IPR) challenge estopped it from later raising invalidity theories in the...more

Supreme Court Hears Arguments in SAS Institute Inc. v. Matal

The Court will consider whether the Patent Trial and Appeal Board must determine the unpatentability of all claims challenged by petitioners, or just those claims it has instituted review on, in inter partes review...more

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