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More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

12/19/2014 - CLS Bank v Alice Corp Covered Business Method Patents Nautilus Inc. v. Biosig Instruments Non-Practicing Entities Obviousness Octane Fitness v. ICON Patent Litigation Patent Reform Patent Trial and Appeal Board Patent Trolls Patents SCOTUS Software

PTAB Update -- Hatch-Waxman-Watch Edition

The pharmaceutical industry has been closing watching the proceedings at the Patent Trial and Appeal Board ("PTAB" or "Board") to see if inter partes review ("IPR") will be a viable option for generic drug companies seeking...more

12/12/2014 - Drug Manufacturers Generic Drugs Hatch-Waxman Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Pharmaceutical Prescription Drugs

Sandoz Inc. v. Amgen Inc. (Fed. Cir. 2014)

Last year, Sandoz filed a declaratory judgment action against Amgen and Roche related to its etanercept biosimilar drug product, which it developed to compete with Amgen's Enbrel® TNF inhibitor. Specifically, Enbrel® is a...more

12/10/2014 - Amgen Biosimilars Declaratory Judgments Drug Manufacturers Hoffman LaRoche Patent Infringement Patent Litigation Patents Prescription Drugs Sandoz Subject Matter Jurisdiction

PTAB Update -- Amending Claims in an IPR Proceedings

Just what does it take to amend your claims during an IPR proceeding before the PTAB? Of course, the America Invents Act ("AIA") specifically provides that Patent Owners may file one motion to amend the claims. AIA, §...more

12/5/2014 - America Invents Act Inter Partes Review Proceedings Motion to Amend New Guidance Obviousness Patent Trial and Appeal Board Patents Prior Art

Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014)

The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ("PTAB"). In Versata...more

11/21/2014 - America Invents Act Covered Business Method Proceedings Interlocutory Appeals Motion To Stay Patent Infringement Patents Software Software Developers

Antares Pharma, Inc. v. Medac Pharma Inc. (Fed. Cir. 2014)

When can a sufficient disclosure for patentability purposes nevertheless fail to adequately "describe" the claims of a patent? According to the Federal Circuit in a case issued this week, when the claims are added in a...more

11/19/2014 - Patent Litigation Patents Pharmaceutical Patents Written Descriptions

In re Cuozzo Speed Technologies LLC Federal Circuit Argument -- The Patent Office Asks to Have Its Cake and Eat It Too

Last week, the Federal Circuit heard the first oral argument for the first appeal of an inter partes review ("IPR") final written decision for the first IPR ever filed (IPR2012-00001). ...more

11/11/2014 - Administrative Authority Appeals Inter Partes Review Proceedings Oral Argument Patents USPTO

Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?

Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the...more

10/31/2014 - Legislative Agendas Patent Litigation Patent Reform Patent Trolls Patents

PTAB Update -- Is "Broadest Reasonable Interpretation" the Appropriate Standard?

One of the more controversial rules concerning PTAB trials promulgated by the USPTO in the wake of the America Invents Act was the adoption of the "broadest reasonable interpretation" ("BRI") claim construction standard for...more

10/28/2014 - America Invents Act Claim Construction Motion to Amend Patent Trial and Appeal Board Patents USPTO

AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014)

Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions...more

10/22/2014 - Breach of Contract Covenant of Good Faith and Fair Dealing Fee-Shifting Patent Infringement Patent Litigation Patents Pfizer Pharmaceutical Patents Pleading Standards

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

10/15/2014 - Claim Construction de novo standard of review Facebook Google Intel Non-Practicing Entities Patent Assertion Entities Patent Litigation Patent Trolls Patents Pharmaceutical Patents Red Hat SCOTUS Teva v Sandoz Verizon

Teva v. Sandoz -- Supreme Court Preview

Next week, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

10/10/2014 - Claim Construction Patent Litigation Patents Pharmaceutical Patents SCOTUS Teva Pharmaceuticals Teva v Sandoz

Federal Circuit Schedules Argument for First IPR Final Written Decision – In re Cuozzo Speed Technologies LLC

As we have been reporting, the U.S. Patent Office has requested comments on the trial proceedings under the America Invents Act. Out of the 17 issues outlined, the Office highlighted two for which it would especially...more

10/3/2014 - America Invents Act Claim Construction Inter Partes Review Proceedings Patent Amendments Patents Public Comment USPTO

PTAB Update -- A Review of the First Round of Comments -- Part 2

As we have previously reported, 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 a "Request for...more

10/2/2014 - America Invents Act Patent Infringement Patent Litigation Patent Reform Patent Trial and Appeal Board Patents USPTO

Supreme Court Preview -- Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. -- The End of Cybor Corp.?

The Supreme Court will begin its 2014-2015 term next Monday. Last year, the Court heard a record number of patent law cases, at least for recent history. Nevertheless, it is scheduled to hear another one on October 15. ...more

9/30/2014 - Cybor Corp v FAS Technologies Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents Sandoz SCOTUS Teva Pharmaceuticals

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

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