K. Nicole Clouse

K. Nicole Clouse

McDermott Will & Emery

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The “Totality of the Specification” Can Override a District Court’s Factual Findings - Enzo Biochem Inc. v. Applera Corp.

Giving little deference to the district court’s factual findings, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s claim construction in a long-running dispute relating to a patent for labeled and...more

5/4/2015 - Appeals Claim Construction Clear Error Standard Evidence Patent Litigation Patents

PTAB Rejects Attempts to Expand the Scope of CBM Review - Par Pharm., Inc. v. Jazz Pharm., Inc.

Addressing for the first time a request for covered business method (CBM) review by a generic drug maker facing an infringement suit under the Hatch-Waxman Act, the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and...more

3/9/2015 - Covered Business Method Proceedings Generic Drugs Hatch-Waxman Jazz Pharmaceuticals Par Pharmaceutical Patents Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents

PTAB Applies Balancing Test in Deciding Motions to Seal Evidence

Search Am., Inc. v. TransUnion Intelligence, LLC - In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties’...more

12/15/2014 - Confidential Information Covered Business Method Patents Evidence Evidentiary Rulings Patent Trial and Appeal Board Patents Sealed Records

Movants Face a High Bar to Succeed on Motions to Amend

Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd. - In response to a patent owner’s motion to amend its claims in an inter partes review (IPR) petition, the U.S. Patent and Trademark Office’s (USPTO) Patent...more

10/21/2014 - Inter Partes Review Proceedings Motion to Amend Patent Trial and Appeal Board Patents Prior Art

Genus Claims Require Disclosure of “Representative Species Encompassing the Breadth of the Genus”

AbbVie Deutschland GmbH & Co., KG v. Janssen Biotech, Inc. - Finding that a patent specification did not disclose a representative number of antibody species within the claimed genus, the U.S. Court of Appeals for the...more

8/28/2014 - AbbVie Patent Litigation Patents Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents

Statutory Right to Appeal Does Not Bypass Article III Standing Requirements

Consumer Watchdog v. Wisconsin Alumni Research Foundation - The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (the Board) on the grounds that the appellant, a...more

7/31/2014 - Appeals Article III Patent Litigation Patent Trial and Appeal Board Patents Standing USPTO

Disclosure of a Single Embodiment Can Provide Sufficient Written Description

Tobinick v. Olmarker - The U.S. Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB), finding that the disclosure of a single embodiment falling with the scope of the claims was...more

7/7/2014 - Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Written Descriptions

Evidence in Support of Petition for Venue Transfer Must Be Sufficiently Specific - In re Apple Inc.; In re Barnes & Noble

In two decisions from identical panels, the U.S. Court of Appeals for the Federal Circuit denied mandamus petitions seeking to direct two district courts to vacate their denials of petitioners’ motions to transfer their...more

4/8/2014 - Apple Barnes and Noble Evidence Patent Litigation Patents Venue

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

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