Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged appointments clause · clear
IN RE: PALO ALTO NETWORKS, INC. Before Dyk , Reyna, and Chen. Summary: The USPTO policy of refusing to consider Requests for Director Rehearing of decisions denying institution of IPR and PGR does not violate the Appointments Clause of the Constitution.…
ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore , Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the Commissioner of Patents may…
U.S. v. Arthrex, Inc. Before the United States Supreme Court. Majority opinion by Chief Justice Roberts. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Summary: A statute preventing the PTO Director from reviewing IPR…
Before O’Malley, Moore, and Chen. Appeal from the Patent Trial and Appeal Board. VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Panel Rehearing) VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Rehearing En Banc) Summary: When administrative patent judges…
Written by : Aaron S. Johnson & Adam Powell CIENA CORPORATION v. OYSTER OPTICS, LLC Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s…
Supplemental Briefing Focuses on Remedies As discussed last week, the Federal Circuit has requested supplemental briefing in Arthrex Inc. v. Smith & Nephew to assess how best to remedy a potential Appointments Clause violation . The supplemental briefing…
An Avalanche of FWD Do-Overs Imminent? Back in June I explained the latest constitutional challenge to AIA Trial Proceedings under the Appointments Clause of the U.S. Constitution . In a nutshell, the argument is that PTAB Administrative Patent Judges…
Justice Dept. Defends Challenge to APJ Appointments The latest constitutional challenge to the Patent Trial & Appeal Board (PTAB) involves the Appointments Clause. The Appointments Clause of the U.S. Constitution has been interpreted to require that only…
