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

AllCopyright & Trade Secrets59Federal Circuit877ITC / Section 33788Patent Litigation216Patent Prosecution126Pharma & ANDA62PTAB686Supreme Court61Trademark158USPTO Policy78Unsorted257

Tagged ptab constitutionality · clear

PTAB

Takings Clause Challenge to PTAB Trials?

Cert Petitions Pursue Takings Clause Argument Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its Appointments Clause challenge was forfeited. (a companion case to the one that has received all of the…

April 16, 2020·PTAB·4 min read
PTAB

House Judiciary Told Legislative Fix to Arthrex Defect is Necessary

Unanimous Support for Legislative Fix Today, the House Judiciary Committee conducted a hearing entitled “ The Patent Trial and Appeal Board and the Appointments Clause: Implications of Recent Court Decisions .” The hearing explored whether or…

November 19, 2019·PTAB·1 min read
PTAB

Lawmakers Consider Fix as CAFC Deals With PTAB Appointments Clause Fallout

Orders Stave Off Further Remands….For Now During last week’s argument in Polaris, appellant argued that the Court’s fix to the PTAB’s Appointments Clause problem was insufficient. According to appellant, “reviewability”…

November 14, 2019·PTAB·2 min read
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