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Patent Trial And Appeal Board Awaits Ruling From Bankruptcy Court On Automatic-Stay Provision
02/06/2018
On February 1, 2018, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office, faced with a motion to stay proceedings pending resolution of the patent owner’s bankruptcy filing, entered an order requiring further briefing and requiring the parties to report on the bankruptcy court’s view of whether the automatic-stay bankruptcy statute applies to inter partes review (IPR) proceedings. Twitter, Inc. v. Youtoo Techs., LLC, case no. IPR2017-00829, paper no. 27.
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Patent Trial And Appeal Board Denies Discovery On Real-Party-In-Interest Issue
02/06/2018
On February 2, 2018, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office denied a patent owner’s motion for discovery concerning a petitioner’s identification of the real party in interest in an inter partes review (IPR). Artesian Home Prods. v. Gutterglove, Inc., No. IPR2018-00015.
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PTAB Denies Joint Motion To Terminate Due To Settlement Sought Just Prior To Final Written Decision Deadline
12/19/2017
On December 14, 2017, a panel of Administrative Patent Judges (Judges Scott Daniels, Neil Powell, and Timothy Goodson) of the Patent Trial and Appeal Board (PTAB) for the United States Patent and Trademark Office denied the parties’ joint motion to terminate an inter partes review (IPR) proceeding due to settlement. Rubicon Commc’ns, LP v. Lego A/S, IPR case no. IPR2016-01187.
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PTAB Grants Motion For Modified Protective Order To Prevent Patent Owner’s Expert-Witness/CEO From Accessing Petitioner’s Highly-Confidential Documents
12/19/2017
On December 13, 2017, a panel of Administrative Patent Judges (Judges Grace Karaffa Obermann, Bart Gerstenblith, and Robert Kinder) of the Patent Trial and Appeal Board (PTAB) for the United States Patent and Trademark Office granted Petitioner Campbell Soup’s motion for a modified protective order in inter partes review (IPR) proceedings brought against patents owned by Gamon Plus. Campbell Soup Co. v. Gamon Plus, Inc., IPR case nos. IPR2017-00087, IPR2017-00091, IPR2017-00094.
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United States Patent Office Adopts Rule On Attorney-Client Privilege
12/05/2017
The United States Patent and Trademark Office has adopted a new rule, 37 C.F.R. § 42.57, that among other things gives communications with foreign-jurisdiction patent agents the same protection they would be accorded if they were communications with a U.S. attorney.
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U.S. Supreme Court Reviews Inter Partes Review In Oil States And SAS Oral Arguments
12/05/2017
On November 27, 2017, the U.S. Supreme Court heard oral argument in two cases dealing with the United States Patent and Trademark Office inter partes review (IPR) proceedings that were created in the America Invents Act in 2011. IPRs have been a frequent topic of discussion in the U.S. intellectual-property community since they began; the general impression is that they are a very useful and very effective way of invalidating issued patents, but there is also concern among patent owners that IPRs may be too effective, invalidating patents that a District Court judge or jury would have upheld.
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