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Supreme Court Update: Extending the ITC’s Reach Beyond US Borders

by Dennis Crouch Constitutional Challenge to Inter Partes Review: Although the Constitutional issues in Cooper v. Lee and MCM v. HP were law-professor-interesting, they were not substantial enough for certiorari.  The Supreme Court has now denied the Cooper and MCM petitions — leaving the IPR regime unchanged.  Although Cooper v. Square is still pending, its chances are […]
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Supreme Court to Consider De Novo Review of Claim Construction

Industries / Law : Patent Law Blog (Patently-O)

By Dennis Crouch Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Supreme Court 2014) The Supreme Court has granted Teva’s petition for writ of certiorari on the issue of de novo review of district court claim construction. Rather th...

IPR Challenge Moves Forward with One Step Back

Industries / Law : Patent Law Blog (Patently-O)

by Dennis Crouch In a non-precedential order, the Federal Circuit has rejected Carl Cooper’s challenge to constitutional propriety of the inter partes review (IPR) system as implemented by the USPTO.  The identical issues had alread...

Federal Circuit: The IPR System is Constitutional

Industries / Law : Patent Law Blog (Patently-O)

by Dennis Crouch In a prededential opinion, the Federal Circuit has rejected MCM’s foundational challenges against the Inter Partes Review (IPR) system implemented as a result of the America Invents Act of 2011 (AIA). MCM Portfolio ...

Pending Supreme Court Patent Cases 2016 (January 20 Update)

Industries / Law : Patent Law Blog (Patently-O)

by Dennis Crouch This week, the Supreme Court granted certiorari in the administrative patent review case of Cuozzo v. Lee. Cuozzo raises the following two questions: (1) Whether the court of appeals erred in holding that, in inter ...

Supreme Court grants Certiorari in Challenge of Inter Partes Review Proceedings

Industries / Law : Patent Law Blog (Patently-O)

by Dennis Crouch The Supreme Court has granted writ of certiorari in the pending Inter Partes Review challenge of Cuozzo Speed Tech v. Lee, Docket No. 15-446.  Questions Presented: Whether the court of appeals erred in holding that,...

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