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Fed. Cir. Dissent: Opening Brief Lacking Appointments Clause Mention Still Eligible for Remand

Last week, the Federal Circuit denied a motion to vacate and remand an IPR decision under Arthrex, Inc. v. Smith & Nephew, Inc. Issued on October 31, Arthrex held that the method for appointing PTAB Administrative Patent...more

Precedential Opinion Panel to Review Same-Party Joinder

In September, the Patent Office revised Standing Operating Procedure 2 to create a new review path for designating opinions precedential or informational. Under the new rule, the review is performed by the Precedential...more

Misbehavior In IPR Can Form Basis For Inequitable Conduct

Finjan, Inc. v. Cisco Systems, Inc., Case No. 17-cv-00072-BLF (N.D. Cal. Sept. 13, 2018), reminds us that representations to the PTAB can have consequences in district court litigation, even outside the estoppel...more

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