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Category: aia | Yonaxis I.P. Law Group

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Fed Circuit Watch: No State Sovereign Immunity in IPR

Source: U.S. Patent No. 5,859,601, Jan. 12, 1999, to Jaekyun Moon & Barrett J. Brickner (inventors); Regents of the University of Minnesota (assignee) On June 14, 2019, the Court of Appeals for the...

SCOTUS Watch: Government Is Not a Person for Purposes of AIA

On June 10, 2019, the U.S. Supreme Court overturned the Court of Appeals for the Federal Circuit in Return Mail, Inc. v. United States Postal Service, in which the Court held that the Government was...

SCOTUS Watch: On-Sale Bar Still Valid Under AIA

On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA)...

Rule Change for PTAB Post-Grant Claim Construction

On October 11, 2018, the USPTO published in the Federal Register a rule change, 83 F.R. 51340, to take effect today, November 13, 2018. For all AIA post-grant petitions (IPRs, PGRs, and CBMs) filed...

SCOTUS Watch: Is the U.S. Government a Person?

An interesting question has been presented to the U.S. Supreme Court when it granted a writ of certiorari on October 26, 2018. That is, is the United States Government, through one of its agencies,...

SCOTUS Watch: Supreme Court Vacates CBM Scope Definition

On May 14, 2018, the U.S. Supreme Court granted PNC Bank National Assoc.’s petition for writ of certiorari and vacated the Fed Circuit’s ruling limiting the scope of a covered business method (CBM),...

SCOTUS Watch: No PTAB Partial Review of Claims

In the second of two patent decisions handed down by the United States Supreme Court on April 24, 2018, SAS Inst. Inc. v. Iancu was the less visible of the two cases. However, SAS’s close split...

SCOTUS Watch: IPRs Do Not Violate Article III or Seventh Amendment

Article III of the U.S. Constitution states: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain...

Fed Circuit Watch: Helsinn Redux: En Banc Denied

On January 16, 2018, in a non-precedential per curiam order (the order was not published, but was made available from our colleagues at the Patently-O blog), the United States Court of Appeals for...

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