Searching Content indexed under Trials & Appeals & Compensation by Ropes & Gray LLP ordered by Published Date Descending.
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CAFC Poised To Strike Down PTAB's First POP Decision
As discussed some months back, the PTAB new POP decided its first case in Proppant Express Investments v. Oren Technologies, Case IPR2018-00914.
United States
16 Aug 2019
Altera Aftermath: IRS Lifts Moratorium on Examining Stock-Based Compensation Cost-Sharing Arrangements
In the wake of the IRS' Ninth Circuit victory in Altera Corporation v. Commissioner, 926 F.3d 1061 (9th Circuit 2019), the IRS' Large Business and International (LB&I) Division
United States
15 Aug 2019
Precedential PTAB Opinions To Drive APA Challenges
The Federal Circuit's en banc opinion in In re Aqua Products was as massive as it was unfulfilling.
United States
14 Aug 2019
Competitor Standing To Evolve For PTAB Appeals?
A perceived lack of Article III standing in appeals from the Patent Trial & Appeal Board (PTAB) to the Federal Circuit can doom an appeal.
United States
31 Jul 2019
Life Sciences Quarterly (Q2 2019): Patent Litigation - Dos and Don'ts (Video)
They've toned the title down, made it a little more PG rated. So without any further ado, I'll turn it over to Charlotte and Filko.
United States
30 Jul 2019
Supreme Court Holds That The Ban On Registration Of Immoral And Scandalous Trademarks Is Unconstitutional Viewpoint Discrimination
In 2017, in Matal v. Tam (582 U.S. ___ (2017)), the U.S. Supreme Court found that the ban on the registration of "disparaging" trademarks was unconstitutional viewpoint discrimination...
United States
24 Jul 2019
Discovery Motion Practice To Become More Commonplace At PTAB
Non-precedential Decision Faults Long-Standing PTAB Practice
United States
16 Jul 2019
Conferring With Your Witness Prior To PTAB Redirect?
Discussing testimony with a witness during a PTAB deposition is a "no-no"….kinda.
United States
16 Jul 2019
Licensors Attempt To Leverage NDAs To Avert PTAB Review
As discussed a few weeks back, licensors have begun to seek cover from the PTAB via forum selection clauses in their licensing agreements.
United States
11 Jul 2019
Supreme Court Holds North Carolina Trust Taxation Law Is Unconstitutional
On June 21, 2019, the U.S. Supreme Court unanimously held that a state cannot tax trust income solely because the beneficiaries are state residents.
United States
9 Jul 2019
Supreme Court Agrees To Hear Intel Case With Potentially Significant Implications For 401(k) Plan Fiduciaries
On June 10, 2019, the U.S. Supreme Court agreed to hear Intel Corp. Investment Policy Committee et al. v. Sulyma, and the outcome of this decision may have major ramifications for 401(k) investment menu design.
United States
8 Jul 2019
SCOTUS Review Of PTAB Appeal Bar Unlikely To Change 315(b) Time Bar Realities
The SCOTUS has shown an affinity for disputes of the Patent Trial & Appeal Board (PTAB). Today, the Court took up its 5th PTAB dispute in three years granting cert in Dex Media Inc.
United States
8 Jul 2019
CAFC Endorses PTAB Practice Of Accepting Late RPI Designations
Back in April I discussed the Patent Trial & Appeal Board's (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date.
United States
5 Jul 2019
PTAB Distinguishes 101 Exceptions Under New Guidelines
The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines.
United States
4 Jul 2019
Podcast: IP(DC): Patent Battles – New Patent Initiatives On The Hill & Notable CAFC/SCOTUS Decisions
Matt and Scott also discuss the recently proposed Term Act, which seeks to limit patent term for some Bio/Pharma patents as well as notable decisions of the Federal Circuit and SCOTUS.
United States
2 Jul 2019
Federal Circuit Confirms That State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents From AIA Patent Challenges
On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial
United States
1 Jul 2019
Post-Filing Conduct Impacts PTAB RPI/Privity Determinations
Interactions During Preliminary Proceeding Can Doom PTAB Filing
United States
25 Jun 2019
Ninth Circuit Issues Altera Decision, Upholding IRS Regulation On Allocation Of Stock-Based Compensation, Reversing The Tax Court (Again)
On June 7, 2019, the Ninth Circuit re-issued a decision in Altera v. Commissioner, upholding an IRS Regulation that had been previously struck down
United States
21 Jun 2019
Supreme Court Holds That The Government Is Not A "Person" With Standing To Bring AIA Post-Grant Patent Challenges
The America Invents Act of 2011 (AIA) created three new post-grant patent review proceedings, generally making them available to any "person" who is not the patent owner
United States
21 Jun 2019
Preparing For 101 Change: Preserving Future Arguments
With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101),
United States
19 Jun 2019
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