Fed. Circ. Redefines “Real Party in Interest” in USPTO Reviews
The Federal Circuit’s decision in Applications in Internet Time LLC v. RPX Corporation[1] creates new hurdles for companies that ask the U.S. Patent and Trademark Office to institute an inter partes or post-grant review. The decision expansively interprets the term “real party in interest,” which appears in multiple statutes that restrict review.
En Banc Federal Circuit: Patentee’s Service of Complaint, Followed by Voluntary Dismissal, Triggers IPR Clock
The en banc Federal Circuit held in Click-to-Call Technologies, LP v. Ingenio, Inc., that a patentee’s initial service of a complaint triggers the one-year period for filing of an IPR petition—even if the complaint was voluntarily dismissed without prejudice to refiling.
PTAB Publishes Update to AIA Trial Practice Guide
The PTAB has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board.
Fish & Richardson Ranked Top Firm for Petitioners at the PTAB by Managing Intellectual Property
Fish & Richardson is pleased to announce that we have been ranked as the most active firm for petitioners at the PTAB for the first half of 2018 by Managing Intellectual Property.
Establishing Drug Labels as Printed Publications
An examination of the evidentiary requirements petitioners must meet to show that drug labels are sufficiently publicly accessible so as to be considered printed publication in light of the Sandoz, Inc. v. Abbvie Biotechnology, Ltd., and Celltrion, Inc. v. Biogen, Inc., PTAB decisions.
