Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Court Can't Review Policy Behind Patent Term Adjustment Statute

In Singhal v. Lee, the U.S. District Court for the Eastern District of Virginia dismissed a complaint that challenged the Patent Term Adjustment (PTA) awarded to two patents, because the complaint failed to state a claim upon...more

4/14/2016 - Novartis Patent Litigation Patent Term Adjustment Patent Terms Patents Request for Continued Examination USPTO

Patent Term Adjustment In South Korea

According to this bulletin from Lee International IP & Law Group in South Korea, Korean patents filed on or after March 2012 may be entitled to Patent Term Adjustment if they issued more than 4 years after the filing date and...more

3/18/2016 - Delays Fees KIPO Patent Applications Patent Term Adjustment Patents Request for Examination South Korea

Share Your Patent Quality Pet Peeves

The USPTO is inviting stakeholders to suggest topics for patent quality case studies. As explained in the December 21, 2015 Federal Register Notice, “the USPTO performs case studies to investigate specific quality-related...more

1/7/2016 - AFCP Examiners Patent Prosecution Highway Patents USPTO

Obviousness Versus Obviousness-Type Double Patenting

In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc., the Federal Circuit affirmed the district court’s finding that Prometheus’ claims were invalid as obvious, but in so doing it cited its own precedent regarding...more

11/25/2015 - ANDA Obviousness OTDP Patent Litigation Patents Prometheus Roxane Laboratories

USPTO Plans To Hike Patent Fees

The USPTO has published proposed changes to patent fees that it says will “slightly” increase patent prosecution fees–even though several common fees will increase by 10% to 25%. The proposed changes to the Information...more

11/11/2015 - Comment Period Fees Information Disclosure Statement Patents USPTO

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

7 Popular Patent Law Writers to Follow Right Now

A shortlist of JD Supra writers covering the many complex issues of Patent Law and featured here for a number of reasons, including that they recently authored popular work in this realm....more

10/29/2015 - Corporate Counsel Legal Perspectives Patents Popular Young Lawyers

Morsa II: Admissions Enable Prior Art

In its 2013 decision in In re Morsa, the Federal Circuit vacated an anticipation rejection where “both the Board and the examiner failed to engage in a proper enablement analysis” to establish the enabling quality of the...more

10/28/2015 - Enablement Inquiries Examiners Obviousness Patent Applications Patent Litigation Patent Trial and Appeal Board Patents Prior Art USPTO

No Rehearing Of Biosimilar Patent Dance Decision

The Federal Circuit denied the petitions for rehearing en banc filed in Amgen Inc. v. Sandoz Inc., which was the court’s first decision interpreting the Biologics Price Competition and Innovation Act (BPCIA). Perhaps the...more

10/20/2015 - Amgen Amicus Briefs Biosimilars BPCIA FDA Approval Notice Requirements Patent Dance Patent Infringement Patent Litigation Patents Petition For Rehearing Sandoz Sandoz v Amgen

PTAB Institutes Kyle Bass Lialda Patent IPR

After filing over thirty petitions for Inter Partes Review of Orange Book-listed patents for various drugs, Kyle Bass and his Coalition for Affordable Drugs finally have made it over the first hurdle. The USPTO Patent Trial...more

10/13/2015 - ANDA FDA Approval Generic Drugs Hedge Funds Inter Partes Review Proceedings Likelihood of Success Obviousness Orange Book Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Patents Prescription Drugs Real Party in Interest USPTO

Australia High Court Rules Against Gene Patents

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

10/9/2015 - AMP v Myriad Australia Biotechnology Chilling Effect Genetic Materials Innovation Mayo v. Prometheus Monopolization Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Popular Scope of the Claim SCOTUS USPTO

Divided Infringement Between Doctor and Patient

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related technologies, where a user or customer performs one or more steps of a patented method. Now the issue has arisen in the...more

10/1/2015 - ANDA Direct Infringement Divided Infringement Eli Lilly En Banc Review Generic Drugs Induced Infringement Limelight v Akamai Method Claims Orange Book Patent Infringement Patent Litigation Patents Patients Pharmaceutical Industry Physicians Product Labels

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

U.S. Government Patent Infringement Precludes Induced Infringement

In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more

9/24/2015 - Direct Infringement Federal Contractors Induced Infringement Motion to Dismiss Patent Infringement Patent Litigation Patents Popular TSA

USPTO Offers Small Entities One Streamlined Patent Appeal

In a September 15, 2015 Federal Register Notice, the USPTO announced a pilot program that will permit certain Small or Micro Entities to expedite a pending ex parte appeal. According to the Notice, the USPTO aims to decide...more

9/18/2015 - Appeals Corporate Counsel Ex Parte Federal Pilot Programs Federal Register Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO Young Lawyers

Improving Patent Quality With International Collaborative Search Pilot Programs

The USPTO has launched two new programs aimed at improving patent quality by joining forces with the Japanese Patent Office (JPO) or the Korean Intellectual Property Office (KIPO) at the initial stages of the patent...more

9/16/2015 - Collaboration Federal Pilot Programs Federal Register Foreign Patent Applications Intellectual Property Protection Japan JPO Patent Applications Patent Examinations Patentability Search Patents Popular South Korea USPTO

Board Boots Bass Tecfidera IPR on the Merits

On September 2, 2015, the USPTO Patent Trial and Appeal Board (PTAB) denied institution of another Inter Partes Review brought by Kyle Bass, the Coalition for Affordable Drugs, and other related entities. In denying the...more

9/8/2015 - Generic Drugs Hedge Funds Inter Partes Review Proceedings Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Patents Prescription Drugs Prior Art USPTO

Court Finds Dow Claims Clearly Indefinite

In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to...more

9/3/2015 - Ambiguous Dow Chemical Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patent Prosecution Patents Reasonable Certainty Standard SCOTUS Teva v Sandoz

Parsing USPTO Petitions Data

The USPTO has launched a Petitions Timeline that provides information on the types of petitions that can be filed at each stage of prosecution, the average time to decision and grant rate, and the deciding office. While some...more

9/3/2015 - Patent Infringement Patent Litigation Patent Prosecution Highway Patents USPTO

Amgen and Apotex do the Biosimilar Patent Dance

Amgen has filed a complaint under the Biologics Price Competition and Innovation Act (BPCIA), asserting that a biosimilar application filed by Apotex, Inc. infringes two of its patents. Although several complaints have...more

8/31/2015 - Amgen Apotex Biosimilars BPCIA FDA Approval Notice Requirements Patent Dance Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Sandoz v Amgen

PTAB Denies Institution of Kyle Bass's Ampyra Patent Challenge

The USPTO Patent Trial and Appeal Board (PTAB) has put an end to Kyle Bass’s Ampyra patent challenge, by denying institution of Inter Partes Review (IPR) proceedings. While many were hoping the PTAB would render a decision...more

8/26/2015 - Abuse of Process Generic Drugs Hedge Funds Inter Partes Review Proceedings Orange Book Patent Infringement Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Patents Pharmaceutical Patents Prescription Drugs Prior Art Real Party in Interest USPTO

Federal Circuit Expands Direct Divided Infringement

In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct...more

8/21/2015 - Akamai Technologies Biotechnology Direct Infringement Divided Infringement En Banc Review Limelight v Akamai Method Claims Patent Infringement Patent Litigation Patents Pharmaceutical Patents Remand SCOTUS

Sequenom Seeks Rehearing En Banc

Sequenom, Inc. has filed a petition for rehearing en banc of the Federal Circuit decision that held its diagnostic method claims invalid under 35 USC § 101. (You can read my synopsis of that decision here). Stakeholders in...more

8/18/2015 - En Banc Review Mayo v. Prometheus Myriad Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Section 101 Sequenom

The Value Of Prophetic Examples

In Allergan, Inc. v. Sandoz, Inc., the Federal Circuit affirmed the district court decision that upheld the validity of the Allergan patents relating to Lumigan® 0.01% glaucoma eye drops against obviousness, written...more

8/13/2015 - Allergan Inc Allergan v Sandoz Enablement Inquiries Inherency Obviousness Patent Infringement Patent Invalidity Patent Litigation Patents Prior Art Written Descriptions

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