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Jones Day
By Jihong Lou, Chris Liu, Matthew Johnson
Since its inception through the Leahy-Smith America Invents Act, the proper role and function of the PTAB of the U.S. Patent and Trademark Office in adversarial post-grant proceedings has been continually under debate.
By Florian Lechner, Klaus Herkenroth, Oliver Staatz
On May 8, 2019, the German Federal Ministry of Finance published a draft tax bill, which amongst numerous other measures, provides for a severe tightening of the German real estate transfer tax rules for share deals.
By Kelly Carrero, George Cahill, Michael Pabst, Jayant W. Tambe
ISDA proposes "de facto" category of original issue indebtedness as part of its CDS definitional reforms.
By Michael A. Lavine, Matthew Johnson
The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019).
By Yang Li Ph.D. (Alex), Ryan B. McCrum
On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing.
By T. Kaitlin Crowder, David Cochran
In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset the one-year time bar under § 315(b) to file a petition for inter partes review.
By Matt Evans, Chase Kaniecki
The UK is taking a careful look at potential direct investments by foreign entities. While the UK certainly works hard to attract investor interest, concerns relating to certain sectors can trigger government scrutiny and oversight.
By Adam Brown, Gregory Barden, Rebecca Swindells, Indradeep Bhattacharya
Trade secrets relate to valuable know-how and business information, that is undisclosed and intended to remain confidential.
By Gasper LaRosa, Jihong Lou
The Federal Circuit distinguished method-of-treatment claims from compound claims to which the lead compound analysis applies.
By Renato Antonini, Eva Monard, Chase Kaniecki
In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states.
By J. Todd Kennard, William Dolan
The plaintiff in the case, a professional corporation, had received via fax a satisfaction survey from the defendant. Robert Mauthe, M.D., P.C. v. National Imaging Assocs., Inc., No. 18-2119 (3d Cir. 2019).
By Craig Waldman, J. Bruce McDonald, Kate Wallace, Thomas J. Forr
In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court's most significant antitrust rulings of the last several years.
By Lisa Ledbetter, Stephen Obie, Eric A. Love
The new task forces will hold hearings, conduct investigations, and issue reports to the full HFSC about the task forces' findings and recommendations.
By John D. Kinton
As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention.
By Susan Gerber, Matthew Johnson
Petitioners beware. The PTAB will not "play archaeologist with the record" or assume the burden of making arguments if the Petitioner fails to present the asserted reasons for invalidity with the required specificity.
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