Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Did The PTAB Dose The AIA Poison Pill Incorrectly Against Premium Genetics?

In Inguran, LLC v. Premium Genetics (UK) Ltd., the USPTO Patent Trial and Appeal Board (PTAB) instituted Post Grant Review (PGR) proceedings in a patent granted from an AIA transition application based on its finding that at...more

1/5/2016 - America Invents Act Anticipation Effective Filing Date First-to-File Patent Applications Patent Trial and Appeal Board Post-Grant Review

Wertheim, Dynamic Drinkware and the AIA

In Dynamic Drinkware, LLC v. National Graphics, Inc., the Federal Circuit held that in order for a patent to qualify as prior art as of its provisional application filing date, the provisional application must support the...more

11/4/2015 - America Invents Act Effective Filing Date Patent Applications Patent Infringement Patent Litigation Patents Prior Art Provisional Applications USPTO

PTAB Refuses To Sanction Kyle Bass

Many pharmaceutical companies have complained about the IPR petitions filed by Kyle Bass and the Coalition for Affordable Drugs against Orange Book-listed patents covering approved pharmaceutical products, but Celgene Corp....more

9/28/2015 - Abuse of Process America Invents Act Hedge Funds Innovation Act Inter Partes Review Proceedings Orange Book Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Patents Sanctions

Can You File an RCE in That U.S. National Stage Application?

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a...more

7/29/2015 - America Invents Act Design Patent Federal Register Industrial Design Inventors New Regulations Patents Request for Continued Examination USPTO

Federal Circuit Answers Questions About Covered Business Method Review Proceedings

In Versata Development Group, Inc. v. SAP America, Inc., the Federal Circuit outlined the permitted extent of judicial review of Covered Business Method (CBM) patent review proceedings conducted by the USPTO Patent Trial and...more

7/23/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Covered Business Method Patents Covered Business Method Proceedings Judicial Review Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents USPTO

Federal Circuit Upholds Broadest Reasonable Interpretation in Inter Partes Review

A divided Federal Circuit denied the petition for rehearing en banc that would have required the court to revisit its decision in In re Cuozzo Speed Technologies, LLC (Fed Cir 2015), that upheld the USPTO’s use of the...more

7/23/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction En Banc Review Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patents Pending Legislation Petition For Rehearing Popular Post-Grant Review USPTO

Contract Manufacturing Makes Angiomax Patents Invalid Under On Sale Bar

In The Medicines Company v. Hospira, Inc., the Federal Circuit held that a transaction with a contract manufacturer gave rise to an on sale bar that invalidated The Medicines Company’s Angiomax® patents. Are the facts of this...more

7/14/2015 - America Invents Act ANDA Disclosure Generic Drugs Manufacturers On-Sale Bar Patent Invalidity Patent Litigation Patents Pharmaceutical Patents Prior Art Transfer of Title

First Look at False Marking Under the AIA

In Sukumar v. Nautilus, Inc., the Federal Circuit took its first look at the standing requirements to bring a false marking case under the American Invents Act (AIA). The court rejected Nautilus’ arguments that only “market...more

5/15/2015 - America Invents Act False Marking Market Participants Patent Litigation Patents Private Right of Action

Why the Grace Period Restoration Act Is a Bad Idea

Representatives Sensenbrenner (R-WI) and Conyers (D-MI) have introduced the “Grace Period Restoration Act of 2015? (H.R. 1791) to “correct the drafting problem in the Leahy-Smith American Invents Act relating to the grace...more

5/1/2015 - America Invents Act Grace Period Inventors Patents Proposed Legislation USPTO

STRONG Patents Act Would Fix Micro Entity Gap

Senator Coons (D-Del) has introduced patent reform legislation that is similar to but different from the Goodlatte Innovation Act pending in the House. One section of S. 632 that does not have a parallel in H.R. 9 relates to...more

3/6/2015 - America Invents Act Colleges Micro Entity Status Patent Reform Patents Proposed Legislation Universities

The USPTO Is Off-Key With International Patent Law Harmonization

As a leader in science, technology and innovation, the United States long has played a central role in global intellectual property matters. As the world’s largest economy, the United States has played a central role in trade...more

11/20/2014 - America Invents Act International Harmonization International Searching Authority Patent Cooperation Treaty Patent-Eligible Subject Matter Patents Prior Art TRIPS Agreement USPTO

Finally Facing First Inventor to File Issues

It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102....more

10/16/2014 - America Invents Act First-to-File First-to-Invent Patent Reform Patents

Federal Circuit Applies "Searching Review" of Stay Pending CBM Proceeding

In Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court’s decision to stay patent infringement litigation while the USPTO Patent Trial and Appeal Board...more

9/30/2014 - America Invents Act Covered Business Method Proceedings Order to Stay Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO

Federal Circuit Finds Consumer Watchdog Lacks Standing to Appeal Reexamination Decision Upholding WARF Stem Cell Patent

In Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Federal Circuit held that an inter partes reexamination requester must establish an injury in fact sufficient to confer Article III standing in order to appeal...more

6/6/2014 - America Invents Act Appeals Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review Stem cells WARF

Round Two of U.S. Patent Reform Progresses as House Passes Goodlatte Innovation Act

On December 5, 2013, the U.S. House of Representatives passed H.R. 3309, the “Innovation Act” originally introduced by Congressman Goodlatte (R-VA). The bill passed by a vote of 325-91, with four amendments to the bill as...more

12/9/2013 - America Invents Act Innovation Act Patent Reform Patents USPTO

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

11/7/2013 - America Invents Act DNA Interference Proceeding Patent Reform Patent-Eligible Subject Matter Patents Pfizer Prior Art USPTO

Dominion Dealer Solutions Seeks Review of USPTO Decisions Denying Inter Partes Review

On October 15, 2013, Dominion Dealer Solutions, LLC filed a complaint in the U.S. District Court for the Eastern District of Virginia seeking review of the USPTO’s decisions denying petitions to institute inter partes review...more

11/1/2013 - America Invents Act Inter Partes Review Proceedings Patent Reform Patents Post-Grant Review USPTO

The Goodlatte Innovation Act Proposes More U.S. Patent Reform

On October 23, 2014, Congressman Goodlatte (R-VA) introduced the “Innovation Act,” which is intended “to make improvements and technical corrections” to the Leahy-Smith America Invents Act (AIA) “and for other purposes.”...more

10/29/2013 - America Invents Act Innovation Act Patent Reform Patents Prior Art USPTO

USPTO AIA Forum to Be Held on Second Anniversary of the America Invents Act

On September 16, 2013–the second anniversary of the America Invents Act (AIA)–the USPTO will host a forum on the AIA at its Alexandria, Virginia campus. The USPTO AIA forum will provide an overview of AIA implementation to...more

9/13/2013 - America Invents Act First-to-File First-to-Invent Patent Reform Patents USPTO

Applied Biosystems Seeks PTA for 2007 Patent

On August 21, 2013, Life Technologies, Corp., Life Technologies, Ltd., Applied Biosystems LLC, and Molecular Probes, Inc. (collectively, “Plaintiffs”) brought suit in the U.S. District Court for the Eastern District of...more

8/28/2013 - America Invents Act Equitable Tolling Novartis Patent Reform Patent Term Adjustment Patents Pharmaceutical Industry

District Court Refuses to Review USPTO Decision to Institute Post Grant Review of Versata Covered Business Method Patent

In Versata Development Corp. v. Rea, the U.S. District Court for the Eastern District of Virginia dismissed Versata’s challenge of the PTAB’s decision to institute post grant review of its patent for lack of jurisdiction....more

8/16/2013 - America Invents Act Covered Business Method Patents Patent Reform Patents Post-Grant Review USPTO

A Quick Look at the First Patent Trial and Appeal Board Decision in a Covered Business Method Patent Proceeding, SAP America, Inc....

On June 11, 2013, the USPTO Patent Trial and Appeal Board (PTAB) issued its first final decision in a covered business method patent (CBM) proceeding, in SAP America, Inc. v. Versata Development Group, Inc. (CBM2012-00001)....more

7/8/2013 - America Invents Act Covered Business Method Patents Patent Reform Patent Trial and Appeal Board Patents SAP America Inc. Statutory Interpretation USPTO

U.S. and USPTO Move to Implement the Patent Law Treaty of 2000

While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application...more

5/29/2013 - America Invents Act Filing Requirements Patent Applications Patent Law Treaty Patent Reform Patent Term Adjustment Patents USPTO

USPTO Rules Eliminate Inter Partes Review Dead Zone

On March 25, 2013, the USPTO published final rule changes to “Implement the Technical Corrections to the Leahy-Smith America Invents Act as to Inter Partes Review.” The rule changes have an effective date of March 25, 2013,...more

4/5/2013 - America Invents Act Inter Partes Review Proceedings Patent Reform Patents Post-Grant Review USPTO

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more

4/2/2013 - America Invents Act Patent Reform Patent Term Adjustment Patents USPTO

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