Upon inception of the PTAB in 2012, Congress decreed a minimum for instituting an IPR but no affirmative requirement to do so. 37 C.F.R. §42.108(b); 35 U.S.C. §314(a). As a result, the PTAB has broad ...
The per curiam opinion was issued by an Appellate Division panel that included Judges Morris G. Smith and Lisa Perez Friscia. The panel agreed with the defendant that the court striking the essential ...
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where ...
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