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Alerts
Alert - February 08, 2019
On January 31, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a decision in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019), holding that only a patent owner’s ...
Alert - January 10, 2019

The U.S. Supreme Court has agreed to hear a case that will likely determine whether the United States Patent and Trademark Office’s ban on "scandalous" and “immoral” trademarks violates the First...

Alert - January 03, 2019

In Vivint, Inc. v. Alarm.com, Inc., the Federal Circuit reversed a claim construction by the PTAB which “suggest[ed] the opposite” of the teachings of the patents at issue, and gave guidance to practitioners on when the Board’s reliance on expert testimony entitles the Board’s construction to deference... 

Alert - December 11, 2018

The Patent Trial and Appeal Board (“Board”) has convened a Precedential Opinion Panel (“POP”) for review of an “exceptional issue,” accepting a recent petitioner's request for rehearing of a decision denying a motion for joinder and inter partes review (IPR) petition...

Alert - November 20, 2018

On November 9, 2018, the United States Court of Appeals for the Federal Circuit considered whether the doctrine of assignor estoppel should apply in the context of an inter partes review...

Alert - November 16, 2018

A year has passed since the United States Patent and Trademark Office (“USPTO”) implemented its Post-Registration Proof of Use Audit Program (“Use Audit Program”). The Use Audit Program empowers the USPTO to require...

Alert - November 14, 2018

Much attention was drawn to the Federal Circuit’s decision on January 8 2018 in Wi-Fi One v. Broadcom, 878 F.3d 1364 (Fed. Cir. 2018), where the court allowed a patent owner to appeal the Patent Trial and Appeal Board’s (“PTAB”) rulings on the statutory time bar for an inter partes review (“IPR”)...

Alert - November 12, 2018

On October 26, 2018, the Supreme Court granted certiorari to review the Federal Circuit’s decision in Return Mail, Inc. v. United States Postal Service, et al., 868 F.3d 1350 (Fed. Cir. 2017), addressing specifically whether the federal government itself has standing to challenge patents via post-grant proceedings under the America Invents Act (“AIA”)...

Alert - October 24, 2018

On October 18, 2018, Judge Leonard P. Stark dismissed a Hatch-Waxman case involving apixaban (Eliquis®) that had been filed against Mylan Pharmaceuticals, Inc. in the District of Delaware for improper venue in Bristol-Myers Squibb Co. et al. v. Aurobindo Pharma USA Inc. et al., No. 17-cv-374 (D. Del.)...