Four Fish Post-Grant attorneys–Gwillym Attwell, Martina Hufnal, and practice group co-chairs Chad Shear and Dorothy Whelan–have been named as 2018 Life Science Stars by LMG Life Sciences.
In declaring that the IPR process did not violate Article III and the Seventh Amendment, Justice Thomas’ majority opinion in Oil States emphasized the narrowness of the ruling, all but inviting future challenges of post-grant proceedings. It came as no surprise, then, when the class action complaint in Christy, Inc. v. United States was filed, alleging that the USPTO’s cancellation of patent claims in IPR proceedings constitutes an impermissible taking of property for public use without just compensation under the Fifth Amendment.
“I think one of the motivations by the patent office in updating these procedures is to show and to confirm that the director does have oversight over these decisions to alleviate some concern over the constitutionality of the appointment of the judges,” Fish & Richardson PC principal Jeremy Monaldo said.
Karl Renner Quoted in Managing Intellectual Property Article “Ruschke Leaves ‘Big Shoes to Fill’ for Next PTAB Chief Judge”
Karl Renner, principal at Fish & Richardson, states: “David’s successor is going to have big shoes to fill. He did a great job of focusing on the fairness and order of the proceedings, which at the end of the day is one of the most important jobs as a chief.”