Thomas Engellenner

Thomas Engellenner

Pepper Hamilton LLP

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New Final Rules for Post-Grant Proceedings Published by USPTO on April Fools Day

The USPTO has gone ahead and finalized new rules for post-grant proceedings under the America Invents Act (AIA) – despite heavy criticism that the rules do little to alter the lopsided nature of these proceedings. The new...more

4/4/2016 - America Invents Act Covered Business Method Proceedings Final Rules Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review USPTO

Bass Continues Fishing; Pharma Seeks Sanctuary

It’s time for an update on Kyle Bass’s efforts to rid America of the pharmaceutical patents that support high priced drugs. Between February and September 2015, at least eleven investment funds organized by J. Kyle Bass and...more

4/1/2016 - America Invents Act Biogen Idec Drug Pricing FDA FOIA Inter Partes Review Proceedings Patents Pharmaceutical Industry Pharmaceutical Patents Post-Grant Review Prescription Drugs Publicly-Traded Companies USPTO

Patent Trial and Appeal Board Adds Two More Cases to its List of Precedential and Informative Decisions

Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which...more

1/26/2016 - America Invents Act Corporate Counsel Covered Business Method Patents Inter Partes Review Proceedings LG Electronics Patent Infringement Patent Trial and Appeal Board Popular Post-Grant Review USPTO Young Lawyers

Hedge Fund Troll Undetered by Initial Setbacks

Kyle Bass and his hedge funds, the Coalitions for Affordable Drugs LLC, have failed in several of their initial attempts to knock out drug patents. In two decisions handed down late last month, the Patent Trial and Appeal...more

9/8/2015 - Hedge Funds Patent Trial and Appeal Board Patent Trolls Pharmaceutical Industry Pharmaceutical Patents Post-Grant Review Prescription Drugs USPTO

USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners

Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will...more

4/8/2015 - America Invents Act Patents Popular Post-Grant Review Rulemaking Process USPTO

Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not

The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used by the...more

4/6/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Cuozzo Speed Technologies Garmin International Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Popular USPTO

Does the Broadest Reasonable Interpretation Standard Make Sense?

Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals are taking...more

1/6/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Covered Business Method Patents Patents Post-Grant Review USPTO

Do-Gooders Won’t Take “No” For An Answer

About a month ago we posted an article on the dismissal of Consumer Watchdog’s appeal at the Court of Appeals for the Federal Circuit following a loss at the USPTO in an inter partes reexamination. Consumer Watchdog, Inc. had...more

12/3/2014 - Appeals Consumer Watchdog FOIA Inter Partes Review Proceedings Patents Petition for Writ of Certiorari Petitions for Review SCOTUS Stem cells USPTO WARF

Do-Gooders Need Not Apply

According to its mission statement, Consumer Watchdog is a non-profit entity “dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and...more

10/22/2014 - Appeals Consumer Watchdog Covered Business Method Patents Inter Partes Review Proceedings Non-Profits Patents Post-Grant Review Standing USPTO

Myriad - One Year Later

The Supreme Court decision last year on June 13, 2013 in Association of Molecular Pathology v. Myriad Genetics may have been a watershed moment for the biotechnology industry. So far the effects have been hard to detect, but...more

6/23/2014 - Ambry Biotechnology DNA Genetic Materials Myriad v Ambry Patent-Eligible Subject Matter Patents Roslin SCOTUS Section 101 Stem cells USPTO

The Curious Case Of Human Gene Patents

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

5/22/2013 - ACLU AMP v Myriad DNA Human Genes Myriad Oral Argument Patents SCOTUS Trade Agreements USPTO

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