The Decision. On April 20, 2020, the U.S. Supreme Court ruled that decisions by the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) are not appealable, even if such institution decisions may...more
4/24/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation.
The case...more
Investigations at the International Trade Commission (“ITC”) often involve intellectual property disputes that may also be the subject of parallel litigation in district court. This parallel litigation is often stayed pending...more
Please join Attorney Sheila Swaroop, Baraa Kahf, and Jonathan Bachand for a roundtable discussion going over interplay with Patent Office proceedings, use of the pilot program, updates on domestic industry, and the latest on...more
7/23/2019
/ Enforcement ,
Importers ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade ,
International Trade Commission (ITC) ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Public Interest ,
Trade Policy ,
US Trade Policies ,
Webinars
On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted...more
International Trade Commission -
The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018. Although the overall impact of these new rules is not yet known,...more
International Trade Commission -
On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the...more
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 ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Licensing Rules ,
Notice Requirements ,
Patent Dance ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
Preliminary Injunctions
The recently announced Trans-Pacific Partnership (TPP), a multi-national trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the United...more
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
In the first instance of a district court interpreting the patent litigation provisions of the Biologics Price Competition and Innovation Act (“Biosimilars Act”), Judge Maxine E. Chesney (N.D. Cal.) dismissed a declaratory...more
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