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It's Not Always Obvious: A Successful Showing of Substantial Evidence Before the Federal Circuit

Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) - Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse...more

PTAB Update: The USPTO Issues Revised Interim Guidelines for Director Review

The USPTO issued Revised Interim Guidelines today on the process for requesting Director Review of PTAB decisions. Since the U.S. Supreme Court’s decision in United States v. Arthrex, 141 S.Ct. 1970 (2021), which held that...more

3 Key Takeaways - PTAB Update: Recent Developments in IPR and PGR Practice

Kilpatrick Townsend attorneys Allison Dobson, Nicki Kennedy, and Troy Petersen recently presented “PTAB Update: Recent Developments in IPR and PGR Practice” at the firm’s Kilpatrick Townsend Intellectual Property Seminar...more

PTAB Denies Petitioner Request to Withdraw PGR as “Too Late”

37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw...more

Oil States and SAS

The Supreme Court issued two decisions today in the cases of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., and SAS Institute Inc. v. Iancu, addressing inter partes review (IPR). In Oil States, the...more

PTAB Publishes Guidance on Motions to Amend in view of Aqua Products: Shifts Burden to…Itself

The Patent Trial and Appeal Board has issued its Guidance on Motions to Amend in view of the Federal Circuit’s long-awaited Aqua Products decision. In that splintered ruling, the Federal Circuit addressed the burden of proof...more

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