ARE PTAB Alert:
FEDERAL CIRCUIT HOLDS TIME-BAR DETERMINATIONS UNDER 35 U.S.C. § 315(b) ARE SUBJECT TO JUDICIAL REVIEW

The Leahy-Smith America Invents Act (“AIA”), which created inter partes review (“IPR”) proceedings, prohibits institution of an IPR “if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the […]

US Supreme Court reverses Federal Circuit’s precedent on patent exhaustion

Journal of Intellectual Property Law & Practice, jpx162 Impression Products Inc. v Lexmark International Inc., No. 15–1189, 581 US ___ (2017), Supreme Court of the United States, 30 May 2017 The US Supreme Court held that ‘a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions […]