![Post-Grant Estoppel, Overturning Shaw: Uninstituted Claims and Grounds “Could Have [Been] Raised”](https://static.wixstatic.com/media/35a9ec_146a43572b7b4efdabf4143d49ab2bdd~mv2.png/v1/fill/w_1059,h_597,fp_0.50_0.50,q_95,enc_auto/35a9ec_146a43572b7b4efdabf4143d49ab2bdd~mv2.png)
AIA Post-Grant Proceedings, Ever-Evolving . . .
Patent stakeholders should note that the Patent Offices is once again considering several changes to post-grant trial proceedings. With...
Inter Partes Review Petitions, Even More Lessons Learned on Barring
Last month’s issue focused on the appealability of the Patent Trial and Appeal Board’s institution decisions, especially those related to...
“Barred”? – Not So Much. Appellate Review of IPR Institution Decisions
Since the enactment of the America Invents Act in 2011 and the inception of newer post-grant proceedings at the U.S. Patent Office, there...
Did You Drop Something… Something Like Attorneys’ Fees? (NantKwest v. US PTO)
Last month the Court of Appeals for the Federal Circuit decided NantKwest v. Iancu, US PTO, Case No. 2016-1794 (Fed. Cir. July 27,...
WesternGeco v. ION Geophysical, 271(f) & Global Lost Profit Recovery
This June the US Supreme Court decided a relatively important issue for global competitors having domestic operations. WesternGeco v. ION...
Lesson Menu: Venue, TC Heartland Progeny
One year after TC Heartland – where the US Supreme Court clarified that the patent venue statute requires residency-based venue to be...
Inter Partes Reviews, Constitutionality & Scope
This April the US Supreme Court decided two cases pertaining to inter partes reviews (or IPRs). The combined decisions affirm the...
35 USC 101, Still a Sea of Questions
Two recent non-precedential opinions out of the Court of Appeals for the Federal Circuit indicate how patent eligibility continues to...
Polaris v. Artic Cat, Obviously, there are still more 103 lessons to learn
Section 103 continues to be a portion of the US Code that proves the adage true that the law never stops teaching. In a recent...
Wait... Now Timing is of the Essence? Reviewability of IPR Institution Decisions
Last January, the US Court of Appeals for the Federal Circuit, sitting en banc, decided for the first time that some issues related to...
