Josh Griswold, a principal in Fish’s Dallas office, has been named to the 2019 “Best Mentors” list by Texas Lawyer magazine. He will receive his Professional Excellence Award at a special ceremony on Sept. 18, 2019 at the Belo Mansion in Dallas.
The Court in Oil States was careful to emphasize the narrowness of its holding by explicitly stating that it did not foreclose future constitutional challenges of IPR under the Due Process Clause or the Takings Clause. In the year since the Court left this door open, many have tried to guess what those arguments might look like and how successful they would be. The most likely grounds for future constitutional challenges to IPR are based on those the Court suggested as well as challenges based on the retroactive application of IPR to pre-America Invents Act (AIA) patents.
The Supreme Court announced Monday that it will decide whether the Federal Circuit may review Patent Trial and Appeal Board (PTAB) decisions to institute inter partes review (IPR) proceedings in cases where it finds that 35 U.S.C. § 315(b)’s one-year time bar does not apply.