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Federal Circuit: PTAB Panel That Institutes Inter Partes Review May Also Make Final Decision on the Merits
On Jan. 13, 2016, a Federal Circuit panel consisting of Judge Newman, Judge Dyk, and Judge Taranto issued a majority opinion, authored by Judge Dyk, in Ethicon Endo-Surgery v. Covidien LP, Case No. 2014-1771. The majority held that 35 U.S.C. '314(d) does not bar the Federal Circuit from hearing Ethicon's challenge to the authority of the Patent Trial and Appeals Board (PTAB) to render a final inter partes review (IPR) decision, and that neither the Constitution nor the American Invents Act (AIA) precludes the PTAB panel that instituted an IPR from making a final determination on the merits. Judge Newman wrote a separate opinion, dissenting.
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.