PTAB Judges Demoted by the Federal Circuit in Arthrex v. Smith:  A New Challenge to the Constitutionality of PTAB Proceedings 

By Dr. Jayashree Mitra and Brian Beck PTAB Judges are Unconstitutionally Appointed Principal Officers In a unanimous decision last week, the Federal Circuit found that the administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) are principal officers of the United States, and thus that their appointment by the Secretary of Commerce violates the Appointments…

Allergan V. Sandoz Emphasizes Importance Of Prosecution History In Construing “Wherein” Clauses

By Dr. Jayashree Mitra and Brian Beck Claim Construction of “Wherein” Clause May Be Contingent On Prosecution History The Federal Circuit’s recent decision in Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019) (“Allergan”) illustrates how arguments made during prosecution with regards to the term “wherein” can turn the tide on invalidity arguments at…

Zuber Lawler Congratulates its Client AAMP on PTAB Victory

Zuber Lawler Congratulates its Client AAMP on PTAB Victory AAMP is the technology leader in aftermarket stereo equipment that allows a driver to control a replacement car stereo using existing controls on a steering wheel.  After settling an action for infringement of two of its patents, the defendant instigated reexamination proceedings, during which the Patent Examiner…

Zuber Lawler Congratulates its Client Redbubble on a Groundbreaking Summary Judgment Victory

Zuber Lawler Congratulates its Client Redbubble on a Groundbreaking Summary Judgment Victory Redbubble is a global online marketplace platform, on which third-party artists upload and sell creative designs on everyday products such as apparel, phone cases, stickers, and the like.  LTTB claimed that some of the listings on Redbubble infringed its “Lettuce Turnip the Beet”…

Assessing Your Exposure to Helms-Burton Title III Claims for Cuban Expropriated Property

In 1959 Fidel Castro’s regime seized billions of dollars’ worth of property as he overthrew a U.S.-backed Havana to establish a socialist state and concretize relations with Cuba’s emerging Soviet allies. The properties seized by Castro, 90% of which were owned by individual Americans[1] (and the other 10% owned by corporations),[2] were one of the…

The Real Winners in Prosecuting Unlicensed Cannabis Retailers? The Promoters

Unlicensed cannabis retailers take away tax revenue from state and local governments, and force those governments to divert needed public funding for investigation or prosecution. Unlicensed cannabis puts financial pressure on legal operators that are struggling to apply, comply, and prosper. Lack of quality control at unlicensed cannabis businesses also poses a public health risk…