by David Maiorana | May 3, 2018 | Federal Circuit Appeal, PTAB News
By: Dave Maiorana On April 24, 2018, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, where the Court held that the Patent Trial and Appeal Board (PTAB) must issue a final written decision as to any patent claim challenged by an IPR...
by David Maiorana | Mar 22, 2018 | Other News
By: Jaime Choi and Dave Maiorana On March 20, 2018, Reps. Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) announced in an article that they would introduce the STRONGER Patents Act to the U.S. House of Representatives. More formally referred to as The Support...
by David Maiorana | Mar 12, 2018 | Claim Construction, PTAB Trial Basics
By: Dave Maiorana In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue. (See Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB; Can PTAB and Courts Reach...
by David Maiorana | Jan 21, 2018 | 325(d) issues
By Dave Maiorana By now, most PTAB practitioners are familiar with 35 U.S.C. § 325(d), which gives the Board the authority to deny institution of a post-grant proceeding because the same or substantially the same prior art or arguments were previously presented to the...
by David Maiorana | Dec 13, 2017 | Federal Circuit, Trial Institution
By Dave Maiorana The PTAB’s practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute (“SAS”). On December 5, 2017, the week after the Supreme Court...