News & Analysis as of

Patent Trial and Appeal Board Chevron Deference Intellectual Property Protection

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Irwin IP LLP

Chevron is History and So Might Be Deference to the USPTO

Irwin IP LLP on

United Therapeutics Corp. v. Liquida Techs., Inc., No. 2023-1805 (Fed. Cir. Dec. 20, 2023), petition for cert. filed, (U.S. June 10, 2024) (No. 23-1298) - On June 28, 2024, the U.S. Supreme Court issued a landmark...more

Troutman Pepper Locke

Federal Circuit Slams PTAB Amendment Policy

Troutman Pepper Locke on

On October 4, 2017, the Court of Appeals for the Federal Circuit, sitting en banc, overruled an earlier panel decision and found that the Patent Trial and Appeal Board (PTAB) had been impermissibly placing the burden of...more

Shook, Hardy & Bacon L.L.P.

Federal Circuit Finds That Petitioners Have Burden Of Persuasion Of Unpatentability Of Claims Amended During An IPR Proceeding,...

In a much anticipated decision, the Federal Circuit has narrowly decided that a patent owner moving to amend claims during an inter partes review (IPR) does not have the burden of persuasion that the claims are patentable....more

Hogan Lovells

Federal Circuit Shifts Burden of Proof for Amendments in Post-Grant Proceedings

Hogan Lovells on

On October 4, 2017, the Federal Circuit, sitting en banc, issued a ruling in Aqua Products, Inc. v. Matal, placing the burden of persuasion on the petitioner to prove the invalidity of amended claims in post-grant...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

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