Searching Content indexed under Litigation, Mediation & Arbitration by Scott A. McKeown ordered by Published Date Descending.
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PTAB Adds Precedent & Hearing Room Features
PTAB Designates Two Older Decisions as Precedential, Updates Hearing Rooms/Notices
United States
11 Sep 2019
Recoverability Of PTAB Fees In Exceptional Cases
As discussed last month, as PTAB proceedings conclude at the Federal Circuit and return to the district courts
United States
9 Sep 2019
September PTAB CLE
As we move into the fall season, a host of bar association programs are on the horizon from IPO, AIPLA and others. But first, a few options for PTAB focused CLE
United States
30 Aug 2019
No Exceptions To PTAB Time Bar
Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331
United States
27 Aug 2019
Physical Counterparts Of PTAB Utilized Product Manuals Estopped In Some Districts
District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel.
United States
22 Aug 2019
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
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
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Non-precedential Decision Faults Long-Standing PTAB Practice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
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
Post-Filing Conduct Impacts PTAB RPI/Privity Determinations
Interactions During Preliminary Proceeding Can Doom PTAB Filing
United States
25 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
CAFC Urged To Rehear PTAB Forum Selection Dispute
Last month the Federal Circuit decided Dodocase VR, Inc. v. Merchsource, LLC (here). In Dodocase the Federal Circuit held that a standard forum selection clause can divest the PTAB of AIA trial
United States
5 Jun 2019
Finality Aspect Of Common Law Estoppel May Not Matter For PTAB Estoppel Under 315(e)
Article III standing has been a problem for certain petitioners seeking review of adverse Patent Trial & Appeal Board (PTAB) AIA trial rulings.
United States
29 May 2019
PTAB Precedential Panel Takes Up Exception To AIA Time-Bar
Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019).
United States
17 May 2019
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