Eli Loots

Eli Loots

Knobbe Martens Olson & Bear LLP

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Latest Publications


Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who...more

7/7/2016 - Amgen Apotex Appeals Biologics Biosimilars BPCIA Commercial Marketing FDA Generic Drugs Hatch-Waxman Licensing Rules Notice Requirements Patent Dance Patent Infringement Patents Pharmaceutical Patents Preliminary Injunctions

Cabilly II IPR Update: Sanofi-Aventis U.S. LLC v. Genentech, Inc.

In July of 2015, Sanofi filed petition for an inter partes review (IPR2015-01624) for 15 claims of U.S. Pat. No. 6,331,415 (“Cabilly II”). In the antibody field, the Cabilly family of patents is well known and is believed to...more

2/18/2016 - Anticipation Expert Testimony Genentech Inter Partes Review (IPR) Proceeding Obviousness Patent Litigation Patent Trial and Appeal Board Popular Sanofi-Aventis

PTAB Limits Scope Of Estoppel To Not Include Grounds Denied As Redundant

In a recent Inter Partes Review (“IPR”) institution decision, Apotex v Wyeth (IPR2015-00873, Paper No. 8), the USPTO’s Patent Trial and Appeal Board (the “Board”) found that some previously-asserted grounds of invalidity were...more

9/21/2015 - Apotex Estoppel Inter Partes Review (IPR) Proceeding Patent Invalidity Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Wyeth

Lessons From The 1st Biopharma Inter Partes Reviews

Recently, the Patent Trial and Appeal Board issued its first set of final written decisions in three inter partes reviews relating to molecules in the large molecule biopharma space (IPR2013-00534, IPR2013-00535 and...more

7/27/2015 - Biopharmaceutical Biosimilars Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Industry

Garmin International, Inc. v. Cuozzo Speed Technologies, LLC – First IPR Decision Reviewed by Federal Circuit

On February 5, the Federal Circuit issued its first decision on an appeal of a final written decision of an Inter Partes Review (“IPR”). The decision addressed two outstanding questions of interest to IPR proceedings. First,...more

2/14/2015 - Appeals Broadest Reasonable Interpretation Standard Claim Construction Cuozzo Speed Technologies Final Judgment Inter Partes Review (IPR) Proceeding Patent Infringement Patents Reviewability Determinations

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle


11/21/2014 - Biotechnology CLS Bank v Alice Corp Direct Infringement Indefiniteness Induced Infringement Limelight v Akamai Mayo v. Prometheus Myriad-Mayo Nautilus Inc. v. Biosig Instruments Patent-Eligible Subject Matter Patents Section 101 Software USPTO

FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference...more

9/11/2014 - Biosimilars FDA Pharmaceutical Industry Public Health Service Act

Biosimilars Webinar - July 23, 2013

On Tuesday, July 23, Knobbe Martens hosted a live webinar event covering "Preparing for Biosimilars: Key Points for Participating in the U.S. Regulatory Framework." Partners Eli Loots, Carol Pitzel Cruz, and Sheila Swaroop...more

7/26/2013 - Affordable Care Act America Invents Act Biosimilars BPCIA Ex Partes Reexamination FDA Healthcare Patent Reform Patents

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra...more

6/13/2013 - AMP v Myriad Biotechnology DNA Healthcare Human Genes Legal Perspectives Myriad Patents SCOTUS

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