by Greg Castanias | Jul 31, 2018 | Federal Circuit Appeal, Pharmaceutical
By: Gregory A. Castanias Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the PTAB rejects a...
by Greg Castanias | Jun 29, 2018 | Other News
In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office’s Patent Trial and Appeals Board conducts its inter partes review proceedings. But that’s just half...
by Greg Castanias | Jun 18, 2018 | PTAB News
By: Greg Castanias, David Cochran, and John Marlott On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal Board confronts inter partes reviews under the America Invents...
by Greg Castanias | May 1, 2018 | Federal Circuit, Time Limits
By: Jason M. Garr, John Marlott, and Greg Castanias By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its “privy” was sued for infringing the patent more than one year before the petition for the IPR. 35 U.S.C. § 315(b). As we...
by Greg Castanias | Apr 25, 2018 | PTAB News
By: Greg Castanias and Rich Graham AS Institute In a win for Jones Day client SAS Institute, a cross-office, cross-practice Jones Day team—Greg Castanias, John Marlott, and Dave Cochran—convinced the U.S. Supreme Court that the PTAB’s practice of instituting inter...