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PTAB Update -- A Review of the First Round of Comments (Part 1)

The USPTO has been seeking feedback on the PTAB trial proceedings established by the Leahy-Smith America Invents Act. A Federal Register Notice from June 27, 2014 contained the "Request for Comments on Trial Proceedings...more

9/19/2014 - America Invents Act Covered Business Method Proceedings Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Public Comment USPTO

USPTO Extends Deadline for Comments to Help Improve PTAB Proceedings

If you were planning on letting the U.S. Patent and Trademark Office know how you feel about the use of the "Broadest Reasonable Interpretation" standard for claim construction during PTAB trials or the near impossibility of...more

9/16/2014 - Patent Litigation Patent Trial and Appeal Board Patents USPTO

PGR Report -- The Attack of 35 U.S.C. § 112

Last week, on September 2, 2014, Accord Healthcare, Inc. ("Accord") filed what appears to be the second-ever Post-Grant Review ("PGR") (see Petition). This PGR was for U.S. Patent No. 8,598,219 ("the '219 Patent"), which is...more

9/12/2014 - America Invents Act Covered Business Method Proceedings First-to-Invent Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Pharmaceutical Pharmaceutical Patents Post-Grant Review Prior Art USPTO

IPR Update – Prosecution Bars

Are proceedings before the Patent Trial and Appeals Board ("PTAB") more like prosecution or more like litigation? This might appear to be a purely academic question, except for one significant issue -- litigation prosecution...more

9/4/2014 - Inter Partes Review Proceedings Patent Litigation Patent Prosecution Patent Trial and Appeal Board Patents

Tyco Healthcare Group LP v. Mutual Pharmaceutical Co.

Can filing a lawsuit under the Hatch-Waxman scheme of 35 U.S.C. § 271(e)(2)(A) ever give rise to antitrust liability? The Federal Circuit last week indicated in the affirmative. That statute provides that...more

8/14/2014

Finally, A Biosimilar Application Has Been Accepted By The FDA

In what is thought to be the first application accepted under the new biosimilar pathway created by the Biologics Price Competition and Innovation (BPCI) Act, Sandoz announced last Thursday that the U.S. Food and Drug...more

7/29/2014 - Biologics Biologics Price Competition and Innovation Act of 2009 Biosimilars FDA Patents Pharmaceutical Patents Prescription Drugs

IPR Update -- The First Pharma IPR Decisions

Late last month, while many of us were getting ready to attend the BIO International Convention in San Diego, the Patent Trial and Appeal Board ("Board") issued four related inter partes review opinions, marking what many...more

7/23/2014 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents

House Tries One More Time: Targeting Rogue and Opaque Letters Act of 2014 ("TROL Act")

U.S. Representative Lee Terry (R-NE) opened a recent subcommittee meeting by quoting Thomas Edison: "The most certain way to succeed is to try one more time." The occasion was the meeting of the House's Energy and Commerce...more

7/18/2014 - Legislative Agendas Patent Reform Patent Trolls Patents

Deputy Directory Lee Announces the Request for Written Comments to Help Improve PTAB Proceedings

In a post from yesterday entitled "Help Improve our AIA Trial Proceedings," Michelle Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office, announced on...more

7/16/2014 - America Invents Act Patent Litigation Patent Reform Patent Trial and Appeal Board Patents USPTO

Docs @ BIO -- Federal District Court vs. the PTAB

Yesterday, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before...more

6/27/2014 - America Invents Act Covered Business Method Patents Inter Partes Review Proceedings Non-Practicing Entities Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Pending Legislation Pharmaceutical Post-Grant Review

BIO International Convention 2014 Preview -- Part III: Post-Grant Patent Challenges and Biosimilar Regulatory Pathways

The 2014 BIO International Convention has already begun in San Diego, but most of the sessions and forums get underway beginning on Tuesday, June 24, 2014. Patent Docs has been highlighting a few sessions or other...more

6/24/2014 - Patent Litigation Patents Post-Grant Review

BIO International Convention 2014 Preview -- Part II: BIO and Leaders in the IP Community

The 2014 BIO International Convention begins this week in San Diego. If you are planning on attending, you probably already know that the amount of information and opportunities available at BIO can be daunting. Therefore,...more

6/23/2014 - CAFC USPTO WIPO

BIO International Convention 2014 Preview - BIO and World-Wide Intellectual Property Protection

The 2014 BIO International Convention begins next week in San Diego. If you are planning on attending, you probably already know that the amount of information and opportunities available at BIO can be daunting. Therefore,...more

6/18/2014 - Biotechnology Disclosure Requirements Patents Pharmaceutical Patents

Patent Reform Legislation Off The Table -- For Now

Earlier today, Senator Patrick Leahy (D-VT), Chairman of the Senate Committee on the Judiciary, announced that he was taking the Patent Transparency and Improvements Act of 2013 (S. 1720) off the Committee's agenda. He cited...more

5/22/2014 - Legislative Agendas Legislative Committees Legislative Process Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents Proposed Legislation

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim...more

5/20/2014 - Data Protection Non-Practicing Entities Patent Exhaustion Patent Litigation Patent Reform Patent Trolls Patent-Eligible Subject Matter Trademarks USPTO

“Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us

Both Congress and the White House have been actively pursuing patent litigation reform in an attempt to combat the perceived “patent troll” problem. Of course, any legislation will impact all patent holders, even though most...more

5/16/2014 - Patent Litigation Patent Reform Patent Trolls Patents

Patent Trolls Beware -- Supreme Court Issues Decisions in Octane Fitness and Highmark

In two closely watched cases, the Supreme Court yesterday issued its opinions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc....more

4/30/2014 - Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patent Trolls Patents SCOTUS

"Standing Out" -- A Closer Look at the "Exceptional Case" Standard Articulated in Octane Fitness

As we reported earlier today, the Supreme Court issued opinions in the Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc. (Supreme...more

4/30/2014 - Attorney's Fees Brooks Furniture Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Senate Judiciary Committee Tables Patent Reform, Again

The Senate Committee on the Judiciary was set to consider the Patent Transparency and Improvements Act of 2013 (S. 1720) earlier today during an Executive Business Meeting. Instead, the Committee again tabled the bill, this...more

4/4/2014 - Patent Reform Patent Trolls Patents

Stopping Bad Legislation -- The Innovation Alliance Speaks Out

On the day before the Senate Judiciary Committee is scheduled to take up S. 1720 (The Patent Transparency and Improvements Act), the Innovation Alliance delivered a letter to Chairman Leahy and Ranking Member Grassley...more

4/3/2014 - Biotechnology Entrepreneurs Innovation Patent Reform Pharmaceutical

Stopping Bad Patents -- Senator Schumer Takes on the "Patent Trolls"

In what turned out not to be an April Fools' Day joke, Senator Charles Schumer (at right) of New York participated earlier today in a Google+ Hangout sponsored by the Internet Association. According to their website, this...more

4/2/2014 - Patent Reform Patent Trolls Patents

Supreme Court Grants Certiorari in Teva Pharmaceuticals v. Sandoz

Earlier today, the Supreme Court granted certiorari in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case (Supreme Court docket number 13-854). The sole issue on appeal is encapsulated by the question presented...more

4/1/2014 - Patent Litigation Patents Pharmaceutical SCOTUS Teva Pharmaceuticals

Senate Judiciary Committee Takes Up, Then Tables, Patent Reform

Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was considered, then held over for another week. Nevertheless, several members of...more

3/28/2014 - Patent Reform Patent Trolls Patents

IPR Update -- The First Biotech IPR Decisions

Earlier this month, on March 6, 2014, the Patent Trial and Appeal Board ("Board") issued three related inter partes review opinions, marking the first set of opinions related to either the Biotech or Pharmaceutical industry. ...more

3/25/2014 - Biotechnology Inter Partes Review Proceedings Life Sciences Patent Litigation Patents Pharmaceutical

Inter Partes Review -- A Look Back

March 16, 2014, marks the eighteen-month anniversary of the inter partes review ("IPR") system of challenging issued patents at the Patent Office. We thought that this would be an appropriate time to look back at the last...more

3/17/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

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