Class Action Suit Argues that IPR is an Unconstitutional Taking

by Kenneth Darby In declaring that the inter partes review (IPR) process did not violate Article III and the Seventh Amendment, Justice Thomas’ majority opinion in Oil States emphasized the narrowness of its holding, stating expressly that “[the] decision should not be misconstrued as suggesting that...

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Fish Post-Grant Radio: Episode #4: Mike Jay

Host Stuart Nelson interviews Mike Jay, a partner with Boies, Schiller, and Flexner, on how litigators view IPR proceedings and the challenges and benefits of working with post-grant counsel from a different firm.   ...

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Fish Post-Grant Radio: Episode #1: Dorothy Whelan

This episode of Fish Post-Grant Radio features Dorothy Whelan, Principal and Co-Chair of Fish’s Post-Grant practice group. As the co-chair of one of the most active post-grant practices in the United States, Dorothy discusses emerging trends in challenging and defending life sciences, pharmaceutical, and biosimilar...

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1st-Ever AIA Post-Grant Review Ends In Settlement

Written by Thomas Rozylowicz and Gwilym Attwell. The recent settlement of the Rainbow Loom Post Grant Review proceeding(PGR2014-00008) represents an interesting opportunity to consider whether PGR represents a viable opportunity under limited circumstances. To date, the widespread comfort of the bar with PTAB proceedings has led to...

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