Searching Content indexed under Litigation, Mediation & Arbitration by Joshua D. Curry ordered by Published Date Descending.
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Supreme Court Agrees To Review Appealability Of PTAB Time-Bar Rulings
The Supreme Court has taken several cases dealing with PTAB issues over the past few years.
United States
4 Jul 2019
The Ongoing Evolution Of Patent Venue
For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp.
United States
2 Apr 2019
Supreme Court Rules That AIA Did Not Alter The On-Sale Doctrine
The U.S. Supreme Court recently ruled that the phrase "or otherwise available to the public" added to 35 U.S.C. § 102 in the America Invents Act (AIA) in 2011 did not change the "on-sale" doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
United States
30 Jan 2019
2018 In Review – Inter Partes Review Developments, Part 2 Of 2
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board's (PTAB) authority to invalidate patents by inter partes review (IPR).
United States
14 Dec 2018
2018 In Review – Inter Partes Review Developments, Part 1 Of 2
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green's Energy Group ...
United States
12 Dec 2018
One-Year Time Bar To File An IPR Begins On Date Complaint Served Regardless Of Post-Service Activities
In Click-to-Call Technologies, LP v. Ingenio, Inc. et al., the U.S. Court of Appeals for the Federal Circuit overturned the PTAB, holding that service of a complaint that is later voluntarily dismissed without...
United States
7 Sep 2018
Tribal Sovereign Immunity Cannot Bar IPR Review: Federal Circuit
The Federal Circuit ruled on Friday July 20, 2018 that tribal sovereign immunity cannot bar inter partes review (IPR) proceedings before the U.S. Patent and Trademark Office (PTO) ...
United States
27 Jul 2018
Supreme Court Finds Patent Owners Can Recover Foreign Lost Profits For U.S. Patent Infringement
On June 22, 2018, the U.S. Supreme Court, in a 7-2 decision, concluded a patent owner may recover lost profit damages based on foreign activities when an accused infringer violates 35 U.S.C. § 271(f)(2) ...
United States
6 Jul 2018
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