Andrew Williams

Andrew Williams

McDonnell Boehnen Hulbert & Berghoff LLP

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Of Patent Trolls and Hot Dog Stands -- The Supreme Court Oral Argument in Cuozzo Speed Technologies, LLC v. Lee

Earlier today, the Supreme Court heard oral arguments in the Cuozzo Speed Technologies, LLC v. Lee appeal (Supreme Court docket number 15-466). The Court was considering two issues related to the recently implemented IPR...more

4/26/2016 - Broadest Reasonable Interpretation Standard Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Patent Owner Preliminary Response Patent Trial and Appeal Board Post-Grant Review SCOTUS

An Inflectra Update: Janssen Requests an Expedited Trial

As we reported last week, the U.S. Food and Drug Administration approved Celltrion's application to market Inflectra, a biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab) anti-TNF-a antibody. On Tuesday, April 12,...more

4/15/2016 - Biosimilars Doctrine of Equivalents FDA Janssen Pharmaceuticals Pharmaceutical Patents

FDA Approves Inflectra - Celltrion's REMICADE® Biosimilar

Earlier today, the U.S. Food and Drug Administration approved Celltrion's application to market Inflectra, a biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab) anti-TNF-a antibody. This marks only the second...more

4/6/2016 - Biosimilars BPCIA FDA Pharmaceutical Industry Pharmaceutical Patents Sandoz v Amgen

The VENUE Act -- A Last-Ditch Attempt at Patent Reform?

It has been some time since we have heard serious discussions about patent reform legislation from Congress. Sure, the Innovation Act (H.R. 9) is still pending in the House, and the Patent Act (S. 1137) is still pending in...more

3/29/2016 - Patent Litigation Patent Reform Patent Trolls Proposed Legislation Venue

In re Queen's University at Kingston (Fed. Cir. 2016)

Are communications between a patent agent and a client privileged? Up until last week, the Federal Circuit had not addressed the subject, although there had been a split with the district courts that had considered the...more

3/17/2016 - Discovery Patent Agent Privilege Patent Infringement Patent Litigation Patents

Supreme Court Preview -- Cuozzo Speed Technologies, LLC v. Lee -- Question 2

On March 4, the Supreme Court announced that the Cuozzo Speed Technologies, LLC v. Lee appeal would be argued on April 25, 2016 (the last week of oral hearings for the October Term 2015). As we reported previously, the...more

3/10/2016 - Appeals Biotechnology Broadest Reasonable Interpretation Standard Cuozzo Speed Technologies Inter Partes Review Proceedings Judicial Review Patent Trial and Appeal Board Patents SCOTUS

The PTAB and the Federal Circuit – One Year Later

February 4, 2016, marked the one-year anniversary of the initial In re Cuozzo Speed Technologies, LLC[1] Federal Circuit decision – the first opinion stemming from the first appeal of the first final written decision of the...more

3/8/2016 - America Invents Act Appeals Broadest Reasonable Interpretation Standard Covered Business Method Proceedings Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Patent Trial and Appeal Board

Does the "Notice of Commercial Marketing" Provision in the BPCIA Stand Alone? -- Amgen v. Apotex Case Preview

According to the Federal Circuit website, the appeal from the Amgen Inc. v. Apotex Inc. case will be argued on April 4, 2016 in Courtroom 402. This case is an appeal from a decision by Judge Cohn of the Southern District of...more

3/3/2016 - aBLA Amgen Apotex Biosimilars BPCIA Commercial Marketing FDA Notice Requirements Patent Dance Patent Infringement Patents Pharmaceutical Patents Preliminary Injunctions

Trolls v. Pirates: Supreme Court Oral Argument Reviewing Enhanced Damages

Earlier today, the Supreme Court heard oral arguments in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

2/24/2016 - Attorney's Fees Damages Enhanced Damages Halo v Pulse Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patents SCOTUS Stryker v Zimmer Willful Infringement

Celltrion's Proposed REMICADE® Biosimilar Recommended for Approval

On February 10, 2016, the FDA's Arthritis Advisory Committee recommended approval of biologics license application ("BLA") 125544 submitted by Celltrion, Inc. for CT-P13, a proposed biosimilar to Janssen Biotech Inc.'s...more

2/10/2016 - Amgen Apotex Biosimilars BPCIA FDA FDA Approval Injunctive Relief Janssen Pharmaceuticals Sandoz v Amgen

Cutsforth Inc. v. MotivePower, Inc.

Back in January 2002, when this author was near the beginning of his patent law career, the Federal Circuit handed down the In re Sang-Su Lee case. Among other things, this case provided patent practitioners with support for...more

2/1/2016 - Examiners Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Prior Art Remand Vacated

Redline Detection, LLC v. Star Envirotech, Inc. (Fed. Cir. 2015)

The PTAB at the Federal Circuit -- Supplemental Evidence Edition - On New Year's Eve, the Federal Circuit affirmed the PTAB's denial of a motion to submit supplemental evidence pursuant to 37 C.F.R. § 42.123(a),...more

1/21/2016 - Appeals Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Supplemental Evidence

No Per Se Ethical Violation for "Subject Matter Conflicts"

Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - In a case that was watched by the entire patent law community with some fascination, the Supreme Judicial Court of Massachusetts concluded on December 23,...more

1/13/2016 - Conflicts of Interest Dismissals Ethics Patent Prosecution Rules of Professional Conduct

PTAB Update -- PTAB Claim Amendment Practice at the Federal Circuit

In another unsurprising turn, the Federal Circuit affirmed the motion-to-amend practice adopted by the PTAB in IPR proceedings. The majority opinion in Prolitec Inc. v. Scentair Technologies, Inc., authored by Chief Judge...more

12/9/2015 - Anticipation Broadest Reasonable Interpretation Standard Burden of Proof Inter Partes Review Proceedings Motion to Amend Patent Trial and Appeal Board

PTAB Update -- The Constitutionality Edition - MCM Portfolio LLC v. Hewlett-Packard Co. (Fed. Cir. 2015)

In a decision that likely came as no surprise to anyone, the Federal Circuit upheld the constitutionality of IPR proceedings as provided for by the America Invents Act. With an analysis of two pre-1900 Supreme Court cases...more

12/4/2015 - Article III Due Process Ex Partes Reexamination Inter Partes Review Proceedings Patent Infringement Patent Trial and Appeal Board Patents Right to a Jury Seventh Amendment Standing

Rehearing En Banc Granted in The Medicines Company v. Hospira, Inc.

Will The "No Supplier Exception" to the On-Sale Bar Fall? On November 13, 2015, the Federal Circuit granted a petition for rehearing en banc filed in The Medicines Company v. Hospira, Inc. As we previously reported, the...more

11/20/2015 - America Invents Act En Banc Review Hospira On-Sale Bar Pharmaceutical Patents Suppliers

Belden Inc. v. Berk-Tek LLC (Fed. Cir. 2015)

Do you want the good news or the bad news first? Well, the good news is that the Federal Circuit has begun reversing PTAB decisions on the merits for IPR proceedings. To be fair, in the Microsoft case, the Federal Circuit...more

11/19/2015 - Expert Testimony Inter Partes Review Proceedings Motion to Exclude Obviousness Patent Litigation Patent Trial and Appeal Board Reversal

A Closer Look at Dynamic Drinkware, LLC v. National Graphics, Inc.

Last week, we analyzed the Federal Circuit's Dynamic Drinkware, LLC v. National Graphics, Inc. case from early September. In that case, the Federal Circuit held that an IPR petitioner did not adequately demonstrate that an...more

11/5/2015 - Disclosure Effective Filing Date Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Prior Art Provisional Applications

Dynamic Drinkware, LLC v. National Graphics, Inc. (Fed. Cir. 2015)

It is well accepted that in order to establish that a patent is entitled to claim priority to a previously filed provisional application, it must be shown that the claims of the patent have written description support in the...more

10/28/2015 - Disclosure Inter Partes Review Proceedings Patent Applications Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patents Prior Art Priority Disputes Provisional Applications Written Descriptions

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

10/20/2015 - Abuse of Process Attorney's Fees Bad Faith Certiorari Corporate Counsel Enhanced Penalties Intellectual Property Protection Non-Practicing Entities Octane Fitness v. ICON Patent Infringement Patent Litigation Patent Trolls Patents SCOTUS Willful Infringement

Achates Reference Publishing, Inc. v. Apple Inc. (Fed. Cir. 2015)

Earlier this week, in the Achates Reference Publishing, Inc. v. Apple Inc. case, the Federal Circuit reaffirmed the holding in In re Cuozzo Speed Techs., LLC that it could not review any decision by the Patent Trial and...more

10/2/2015 - America Invents Act Apple Covered Business Method Proceedings Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Real Party in Interest Versata

Amgen v. Sandoz – Did the Federal Circuit Just Doom the New Biosimilar Approval Pathway?

Congress passed the Biologics Price Competition and Innovation Act (“BPCIA”) in 2009 in an effort to bring biosimilar drug products to market. The goal was for the BPCIA to mimic for biologic drugs the Hatch-Waxman statute...more

9/14/2015 - aBLA Biologics Biosimilars BPCIA Disclosure Requirements FDA Approval Injunctive Relief Notice Requirements Patent Dance Patent Infringement Patent Litigation Patents Pharmaceutical Patents Sandoz v Amgen

Amgen v. Sandoz Update -- En Banc Rehearing Petitions Filed

On July 21, 2015, the Federal Circuit decided the Amgen v. Sandoz appeal in a case of first impression regarding the interpretation of the disclosure and notice provisions of the Biologics Price Competition and Innovation Act...more

9/11/2015 - Amgen Amicus Briefs Biosimilars BPCIA Disclosure Requirements En Banc Review FDA Approval First Impression Notice Requirements Patent Dance Patent Infringement Patent Litigation Patents Petition For Rehearing Pharmaceutical Patents Sandoz Sandoz v Amgen

Single-APJ Institution Pilot Program -- USPTO Requests Written Comments for IPR Proceedings

On August 25, 2015, the United States Patent and Trademark Office published a "Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews"...more

8/28/2015 - Comment Period Ex Partes Reexamination Federal Pilot Programs Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO

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