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Coming Soon: New Claim Construction Standard for Many AIA Trial Proceedings

The U.S. Patent and Trademark Office (USPTO) announced today, Octoer 10, 2018, that it is issuing a final rule that will change the claim construction standard applied during many inter partes review (IPR), post-grant review...more

Lessons Learned from AIA Invalidity Proceedings in the Bio/Pharma Space

September 16, 2016, marked the fourth anniversary of the effective date for the invalidity proceedings before the Patent Trial and Appeal Board (PTAB or Board) created by the America Invents Act (AIA). These new AIA...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 3

Supplemental Examination: Potential Benefits vs. Guaranteed Risks - The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more

Trade Secrets in the Spotlight Again: the EU Directive

May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for...more

Standing Alone – The Current Status of the BPCIA’s Notice of Commercial Marketing

In March 2015, the FDA approved the first biosimilar application, which was for a follow-on biologic drug of Amgen’s reference product NEUPOGEN® (filgrastim). Yet, before the applicant, Sandoz, could launch its biosimilar...more

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