Blog

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Publication Publication

“SAS: When the Patent Office Institutes IPR It Must Decide Patentability of All Challenged Claims.” Quinn et. al. IPWatchdog (April 2018)

Yesterday the United States Supreme Court issued decisions in both Oil States v. Green Energy and SAS Institute v. Iancu. In Oil States the Supreme Court upheld the constitutionality of inter partes review (see here, here and here). In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a petition for inter partes review. Thus, the Supreme Court held that when the Patent Office institutes an inter partes review it must decide the patentability of all of the claims the petitioner has challenged.

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Publication Publication

“Industry Reaction to Supreme Court Decision in Oil State v. Green Energy.” Quinn et. al. IPWatchdog (April 2018)

Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III and the Seventh Amendment to the United States Constitution. In a 7-2 decision, the Court determined that patents are a government franchise that are subject to review by the Patent Office even after granting, and can be revoked at any time.

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Publication Publication

“You Need Defensive Patents but You Don't Have Any. Now What? A Case Study.” Richardson et. al. IPWatchdog (August 2017)

The setting is familiar: a large corporate asserter uses its patents against a smaller, high-growth company with no patents. Companies like Qualcomm, IBM, Nokia, and Microsoft regularly assert their patents. This case study describes how one of our clients included patent buying into their patent strategy to successfully defended against a corporate assertion by acquiring patents in the open market.

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