Marie McKiernan

Marie McKiernan assists the firm in the areas of patent, trademark, trade secret and copyright litigation.

Recent Posts

COVID-19 Changes How Some Courts Consider Motions to Stay Pending IPR

Posted by Marie McKiernan on Jun 8, 2020

Marie McKiernan

(Co-authored by Stuart Duncan Smith)

This blog post is part of Wolf Greenfield's COVID-19 Resource Center. To access the full resource center, click here.

A stay is an important mechanism for many defendants to consider when filing an IPR. Due to the ongoing pandemic, courts have had to shift resources to address COVID-19-related concerns. In some instances, that is changing how courts evaluate motions to stay pending IPR.

Courts often consider three factors when determining whether to grant a stay pending IPR of a patent. These factors include:

  1. The stage of the proceedings
  2. Whether the stay will simplify the case before the court
  3. Whether a stay would result in undue prejudice to the nonmoving party
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Topics: IPR, COVID-19, coronavirus

PTAB Continues to Draw a Hard Line on Printed Publications

Posted by Marie McKiernan on Dec 6, 2017

Marie McKiernan

As we discussed in May, PTAB decisions are a primary source for guidance regarding what constitutes a “printed publication” under § 102, because the PTAB faces the issue so frequently.  Since that post, the PTAB has continued to define the scope of what is or is not a printed publication. In most instances, where the issue was contested, the PTAB found the petitioner failed to prove a document was a printed publication.                                                                                                 

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Topics: Printed Publications

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.