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ARE PTAB Law Alert:FEDERAL CIRCUIT DECLARES PTAB APJs TO BE SUPERIOR OFFICERS APPOINTED IN AN UNCONSTITUTIONAL MANNER, BUT OFFERS A FIX GOING FORWARD WITH LIMITED RELIEF GOING BACK

  Updated: November 18, 2019 On Thursday, October 31, 2019, in Arthrex, Inc. v. Smith & Nephew, Inc., the U.S. Court of Appeals for the Federal Circuit issued a 30-page decision declaring that Administrative Patent Judges (“APJs”) at the Patent Trial and Appeal Board (“PTAB”) are “principal officers” as the Patent Act (Title 35) has […]

ARE Patent Law Alert:
The US Supreme Court Holds that the USPTO Cannot Be Reimbursed for Salaries of Its Legal Personnel in Appeals Under § 145 of the Patent Act

Supreme Court of the United States unanimously held in Peter v. NantKwest, Inc. that the term “expenses” in 35 U.S.C. § 145 does not include attorney’s fees, and that the United States Patent and Trademark Office (“USPTO”) cannot recover the salaries of its attorneys and paralegals in appeals brought under that section of the Patent […]

Nasdaq Opening Bell – Cornell Blockchain Event

Congratulations to Cornell Blockchain on ringing the bell on April 11, 2019 at NASDAQ. Amster, Rothstein & Ebenstein LLP is proud to be a sponsor of the Cornell Blockchain Conference. For more information please see business.nasdaq.com/discover/market-bell-ceremonies/detail.html#!/!  

Time For High Court To Clarify Standing For IPR Appeals

In JTEKT Corp. v. GKN Automotive Ltd.,[1] the U.S. Court of Appeals for the Federal Circuit added to a series of decisions, where the Federal Circuit engrafted a patent-inflicted-injury-in-fact requirement for a dissatisfied petitioner in an inter partes review proceeding to appeal an adverse final written decision of the Patent Trial and Appeal Board. JTEKT […]

LAW360 REPORTS ON AMICUS BRIEF FILED IN RETURN MAIL V. US POSTAL SERVICE WITH U.S. SUPREME COURT

IP Groups, Think Tank Tell Justics Gov’t Isn’t A ‘Person’Law360 (December 18, 2018) By Matthew Bultman https://www.law360.com/articles/1112608/ip-groups-think-tank-tell-justices-gov-t-isn-t-a-person(available by subscription only) Law 360 report: The New York Intellectual Property Law Association has a somewhat different view. While the NYIPLA said it might be that the government cannot petition for CBM review, the group said the government […]

ARE Patent Law Alert:
SUPREME COURT HOLDS THAT THE U.S. GOVERNMENT IS NOT A “PERSON” CAPABLE OF PETITIONING FOR INSTITUTION OF AIA REVIEW PROCEEDINGS

Messrs. Macedo and Goldberg represented amicus curiae New York Intellectual Property Law Association in this case at the Supreme Court.Messrs. Macedo and Goldberg represented amicus curiae New York Intellectual Property Law Association in this case at the Supreme Court.S. Supreme Court delivered an opinion in Return Mail, Inc. v. United States Postal Service, No. 17-1594, […]