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Searching Content indexed under Litigation, Mediation & Arbitration by Ropes & Gray LLP ordered by Published Date Descending.
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1
Discovery Motion Practice To Become More Commonplace At PTAB
Non-precedential Decision Faults Long-Standing PTAB Practice
United States
16 Jul 2019
2
Conferring With Your Witness Prior To PTAB Redirect?
Discussing testimony with a witness during a PTAB deposition is a "no-no"….kinda.
United States
16 Jul 2019
3
Licensors Attempt To Leverage NDAs To Avert PTAB Review
As discussed a few weeks back, licensors have begun to seek cover from the PTAB via forum selection clauses in their licensing agreements.
United States
11 Jul 2019
4
Supreme Court Holds North Carolina Trust Taxation Law Is Unconstitutional
On June 21, 2019, the U.S. Supreme Court unanimously held that a state cannot tax trust income solely because the beneficiaries are state residents.
United States
9 Jul 2019
5
Supreme Court Agrees To Hear Intel Case With Potentially Significant Implications For 401(k) Plan Fiduciaries
On June 10, 2019, the U.S. Supreme Court agreed to hear Intel Corp. Investment Policy Committee et al. v. Sulyma, and the outcome of this decision may have major ramifications for 401(k) investment menu design.
United States
8 Jul 2019
6
SCOTUS Review Of PTAB Appeal Bar Unlikely To Change 315(b) Time Bar Realities
The SCOTUS has shown an affinity for disputes of the Patent Trial & Appeal Board (PTAB). Today, the Court took up its 5th PTAB dispute in three years granting cert in Dex Media Inc.
United States
8 Jul 2019
7
CAFC Endorses PTAB Practice Of Accepting Late RPI Designations
Back in April I discussed the Patent Trial & Appeal Board's (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date.
United States
5 Jul 2019
8
PTAB Distinguishes 101 Exceptions Under New Guidelines
The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines.
United States
4 Jul 2019
9
Podcast: IP(DC): Patent Battles – New Patent Initiatives On The Hill & Notable CAFC/SCOTUS Decisions
Matt and Scott also discuss the recently proposed Term Act, which seeks to limit patent term for some Bio/Pharma patents as well as notable decisions of the Federal Circuit and SCOTUS.
United States
2 Jul 2019
10
Federal Circuit Confirms That State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents From AIA Patent Challenges
On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial
United States
1 Jul 2019
11
Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair
In a recent Law360 article, tax partner and tax controversy group co-founder Kat Gregor, tax controversy counsel Elizabeth Smith and tax associate Stefan Herlitz analyze the costly risks that loom if retailers collect...
United States
1 Jul 2019
12
Post-Filing Conduct Impacts PTAB RPI/Privity Determinations
Interactions During Preliminary Proceeding Can Doom PTAB Filing
United States
25 Jun 2019
13
Ninth Circuit Issues Altera Decision, Upholding IRS Regulation On Allocation Of Stock-Based Compensation, Reversing The Tax Court (Again)
On June 7, 2019, the Ninth Circuit re-issued a decision in Altera v. Commissioner, upholding an IRS Regulation that had been previously struck down
United States
21 Jun 2019
14
Supreme Court Holds That The Government Is Not A "Person" With Standing To Bring AIA Post-Grant Patent Challenges
The America Invents Act of 2011 (AIA) created three new post-grant patent review proceedings, generally making them available to any "person" who is not the patent owner
United States
21 Jun 2019
15
Preparing For 101 Change: Preserving Future Arguments
With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101),
United States
19 Jun 2019
16
Continental Automotive v. Avanci: Wireless SEP Licensing Presents Challenges For Automotive Industry
As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important.
United States
19 Jun 2019
17
Supreme Court Clarifies That Judges, Not Juries, Must Determine Whether FDA Actions Preempt State Failure-To-Warn Claims Against Drug Manufacturers
On May 20, 2019, the U.S. Supreme Court ruled in Merck Sharpe & Dohme Corp. v. Albrecht that, in analyzing whether a state law failure-to-warn claim against a drug manufacturer is preempted by federal
United States
11 Jun 2019
18
CAFC Urged To Rehear PTAB Forum Selection Dispute
Last month the Federal Circuit decided Dodocase VR, Inc. v. Merchsource, LLC (here). In Dodocase the Federal Circuit held that a standard forum selection clause can divest the PTAB of AIA trial
United States
5 Jun 2019
19
Robare V. SEC: The D.C. Circuit "May" Have Punted On Key Disclosure Question, But Takes Clear Stand On "Willful" Conduct
On April 30, 2019, the U.S. Court of Appeals for the D.C. Circuit issued a long-awaited decision in Robare Group, LTD. v. SEC, providing valuable insight for investment ...
United States
29 May 2019
20
Finality Aspect Of Common Law Estoppel May Not Matter For PTAB Estoppel Under 315(e)
Article III standing has been a problem for certain petitioners seeking review of adverse Patent Trial & Appeal Board (PTAB) AIA trial rulings.
United States
29 May 2019
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