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Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged administrative procedure act · clear

Courts Have No Jurisdiction Over Challenge to PTO Action Before Final Agency Decision

ODYSSEY LOGISTICS AND TECH. v. IANCU Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the Board has issued a final decision.…

May 26, 2020Federal Circuit2 min read

PTAB Must Give Notice and Opportunity to Respond When Raising Its Own Theory of Unpatentability

NIKE, INC. v. ADIDAS AG Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed substitute claim based on the prior art of…

April 9, 2020PTAB1 min read