Patent Challenges Muddled After Judges' Legality Upended
November 4, 2019 – Article
Bloomberg Law
Chico Gholz is quoted in the Bloomberg Law article entitled “Patent Challenges Muddled After Judges’ Legality Upended (1).”
Firm News
Oblon Partner Speaks at PLI Patent Blockchain 2019 Event in San Francisco
Michael Casey was a panelist on the "Patent Blockchain 2019" PLI event in San Francisco on December 4th, 2019.
Firm News
Oblon Ranked In Top 10 List for Best Intellectual Property Boutique Law Firms 2020 by Vault
MoreMotions to Amend in Inter Partes Review: Why did Ethicon Cut Against the Grain?
Motions to amend (MTAs) are generally disfavored. The prevailing approach calls for patentees to file an MTA in Inter Partes Review (IPR) only in limited circumstances. In particular, most patentees are moving to narrow or clarify claim scope via an MTA only in cases where (i) there is no related application pending at the Office and (ii) the specter of lost past damages due to intervening rights outweighs the risk of an invalidity finding. At first glance, neither (i) nor (ii) appears to be true in the case of Intuitive Surgical, Inc. v. Ethicon, LLC, (IPRs2018-00933, 00934, and 00935), yet Ethicon elected to pursue an MTA in each of the IPRs and was successful in doing so.
Short-Term Uncertainties after Arthrex
The Federal Circuit in a precedential opinion in Arthrex, Inc. v. Smith & Nephew, Inc., vacated and remanded a final written decision of the Patent Trial and Appeal Board (PTAB), finding that the Administrative Patent Judges (APJs) are not constitutionally appointed, violating the Appointments Clause. Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140 (Fed. Cir. Oct. 31, 2019). The opinion in Arthrex also indicates that an Appointments Clause challenge should be timely raised on appeal, and thus, is waived when not presented in an appeal that has passed or been decided.
Jurisdictional Hurdles Presented by Foreign Patent Infringers
Rob Mattson wrote an article featured in Westlaw IP entitled "Jurisdictional Hurdles Presented by Foreign Patent Infringers."
Oblon Named a "Best Law Firm 2020"
MoreEleven Oblon Attorneys Recognized as Best Lawyers 2020
Eleven Oblon attorneys have been named to the 2020 edition of Best Lawyers in America.
Oblon Ranked Again in IAM Patent 1000
Oblon's Patent Prosecution practice and partners from the firm's Chemical, Electrical & Mechanical and Litigation practices have received top national rankings in the 2019 edition of IAM Patent 1000: The World's Leading Patent Professionals.
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