John Dragseth Quoted in Law360 Article “Fed. Circ.’s High Standing Bar May Deter Some PTAB Reviews”
Fish Senior Principal John Dragseth was recently quoted in Law360‘s article “Fed. Circ.’s High Standing Bar May Deter Some PTAB Reviews” on July 12, 2019.
Josh Griswold Named a 2019 “Best Mentor” by Texas Lawyer
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.
John Dragseth Quoted in Law360 Article “Who Can Appeal PTAB Decisions? Here’s What We Know.”
Fish Senior Principal John Dragseth was recently quoted in Law360‘s article “Who Can Appeal PTAB Decisions? Here’s What We Know,” on July 9, 2019.
One Year after Oil States, Constitutional Questions Remain
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.
Supreme Court Grants Certiorari in Dex Media v. Click-to-Call Technologies
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.