On November 6, 2019, Fish & Richardson Principal Stuart Nelson and Associate Kim Leung hosted the Post-Grant for Practitioners webinar “USPTO Ethics Rules at the PTAB.” The webinar highlighted some of the major ethics rules at play in Patent Trial and Appeal Board (PTAB) practice, with a particular emphasis on a practitioner’s duty of candor toward the tribunal. If you missed the webinar, you can find a partial summary of its content below.
This alert discusses the recent Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc.,and provides some basic commentary on the decision to help you better understand it. Nothing in this alert is intended to be legal advice, nor does it represent the view of any Fish & Richardson clients. The discussion of the decision is intended merely to summarize it, and not to opine on it. In addition, the observations made here are preliminary, and much will change as the bar absorbs the opinion and as the Federal Circuit, the PTO, and various parties react to it.
Fish & Richardson has secured three significant victories for its client Miami International Holdings (MIH) on its petitions for Covered Business Method (CBM) review at the Patent Trial and Appeal Board (PTAB). The petitions challenged the validity of patents asserted by MIH’s competitors concerning securities trading.
Fish Principals and Post-Grant Practice Group Co-Chairs Karl Renner and Dorothy Whelan recently published an article in Managing Intellectual Property in which they discuss the state of post-grant practice, the evolution of IPR, and upcoming developments in the practice.