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Articles by Don Daybell
User Manuals, Reverse Engineering Reports, and Other Commercial Documents: When Are They Publicly Accessible? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court Preserves IPR But Dictates Changes – Director Iancu Has Many Options To Consider | JD Supra
On April 24, 2018 the Supreme Court issued two decisions that preserve Inter Partes Review ("IPR") but dictate changes to IPR procedures. The Court, however, left room for Director Iancu to consider many options to implement changes. In the first decision, the Supreme Court held, 7-2, that Inter Partes Reviews ("IPRs") are constitutional.
PTAB “Clarifies” Procedures For Motions To Amend
On November 21, 2017, the PTAB released its “Guidance on Motions to Amend in view of Aqua Products.” This guidance states that a Patent Owner’s motion to amend now only has to meet the requirements of 35 U.S.C. §316(d), and of 37 C.F.R. §42.121 (IPR) or 37 C.F.R. §42.221 (PGR/CBM), in order to be considered. It further states that the burden of persuasion as to patentability of substitute claims is no longer on the Patent Owner.
USPTO Fee Increases Impact IPR Filing Costs
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USPTO Issues New Regulation On Scope Of Attorney-Client Privilege In PTAB Proceedings
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The Three Precedential Holdings of AQUA
On Wednesday, the en banc Federal Circuit decided Aqua Products, Inc. v. Matal, 2015-1177 (Oct. 4, 2017 Fed. Cir.), which addressed the allocation of burdens when the patent owner in an IPR moves to amend its patent to add substitute claims.
USPTO Maintains Standard for Indefiniteness in Rare Precedential Opinion
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High Court to Address Constitutionality of Inter Partes Reviews
On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v.
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