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My partner Jake Schneider wrote a very thoughtful and important article on his IP/Decode blog about the impact of the Patent Office’s rescinding former Director Vidal’s memo regarding discretionary denials of inter partes review (IPR) proceedings that are subject to parallel district court litigation. Removing the directives in that memo are likely to have significant…

In late May, I attended the sixteenth annual Rocky Mountain IP Institute. I also spoke at the Institute about best practices for communicating between in-house team and outside counsel (more on that later). The Rocky Mountain IP Institute has grown to be one of the largest two IP conferences in the country. More importantly than…

I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights:

  • Institution trends
    • 87% institution rate in fiscal 2013 trending downward and settling in fiscal 2015-16 around two-thirds

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