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…

Congratulations to Martin Greene and Eileen Letts: on Crain’s Chicago’s Notable Minority Lawyers

Congratulations to Martin Greene & Eileen Letts This list aims to recognize those who are making incredible strides towards causes of both justice and equality.  Through their work, they have improved the legal profession and inspired all generations of diverse lawyers.  Their accomplishments and professional excellence holds a standard in the industry for all who desire to…

USPTO Replaces Broadest Reasonable Claim Construction Standard for IPRs, PGRs, and CBMs

In a final rule published in the Federal Register, the United States Patent and Trademark Office (USPTO) announced that it is replacing the “broadest reasonable interpretation” standard with the federal court claim construction standard for IPRs, PGRs, and CBMs.  This new claim construction standard is consistent with that articulated in Phillips v. AWH Corp., 415…

Zuber Lawler Secures Dismissal of Health Supplement Distributor’s Civil RICO Claim

Zuber Lawler client CNV.com secures dismissal of a health supplement distributor JST Distribution’s civil RICO claim.  Although the Court permitted Plaintiff an opportunity to amend its RICO claim, the Court further admonished Plaintiff’s counsel to consider the possibility of Rule 11 sanctions if including RICO claims in its anticipated amended pleading.  Id. at 12.  CNV.com is an…