Searching Content indexed under Litigation, Mediation & Arbitration by Stuart Duncan Smith ordered by Published Date Descending.
Links to Result pages
Non-Prior Art Evidence In IPR - Yeda v. Mylan
Section 311(b) of the America Invents Act ("AIA") provides that a petitioner for inter partes review ("IPR") may request cancellation of one or more claims of a patent ...
United States
31 Jan 2019
Risks Of Waiting To File An IPR Following Click-To-Call
The U.S. Court of Appeals for the Federal Circuit held in a recent en banc decision that the one-year time limit that an accused infringer has to request an inter partes review
United States
19 Nov 2018
Who Bears The Burden In IPR? It Depends On The Argument
A hallmark of IPR proceedings is that the petitioner—not the patent owner—has the burden to prove that the challenged claims are unpatentable.
United States
25 Oct 2018
SAS Institute: A Refresher On The "Other" IPR Case At The Supreme Court
As discussed in our prior post, the Supreme Court is poised to issue decisions in two cases about IPRs. The first case is Oil States Energy Services v. Greene's Energy Group...
United States
24 Apr 2018
The End Of Days For IPRs? A Refresher On Pending Supreme Court Decisions
The Supreme Court is poised to issue decisions in two IPR-related cases that some predict will end IPRs as we know them.
United States
24 Apr 2018
Legislation To Curtail Sovereign Immunity In IPR May Be On The Way
The same tribe also recently asserted several other patents against Microsoft and Amazon, and may assert sovereign immunity from IPR there too.
United States
16 Nov 2017
ITC v. PTAB: Is Winning In IPR Enough To Avoid An ITC Exclusion Order?
Parties accused of patent infringement often turn to IPRs to invalidate the asserted patents, and winning in an IPR can mean relief from whatever remedy would be imposed as a consequence of a finding of infringement.
United States
6 Sep 2017
Sovereign Immunity Again Applied To IPR
For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
United States
2 Aug 2017
Federal Circuit Defers Questions On Forum Shopping To Congress
Patent owners have long sought to file suit in the district court that offers the best chance of a favorable outcome, even if neither party has an established place of business in the court's district.
United States
7 Jul 2017
Links to Result pages