Intellectual Property Administrative Agency

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Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

FDA Draft Guidance Proposes Change to Combination Product Exclusivity Policy

New market exclusivity opportunities emerge for pharmaceutical companies. In draft guidance released by the Food and Drug Administration (FDA or the Agency) on February 24, 2014, the Agency proposed changes to its...more

Patent Grace Periods In South East Asia

As South East Asia becomes an increasingly popular patent filing destination, we explore the region’s grace period provisions and their limitations....more

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View

On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim...more

Inter Partes Review -- A Look Back

March 16, 2014, marks the eighteen-month anniversary of the inter partes review ("IPR") system of challenging issued patents at the Patent Office. We thought that this would be an appropriate time to look back at the last...more

IP Newsflash - Indefiniteness of Claim Language Forces Board to Terminate Inter Partes Review Proceeding

Instead of issuing a final written order regarding patentability, a PTAB panel has terminated an inter partes review proceeding because it was unable to determine the scope of the claims at issue...more

FDA, IP, and FTC Developments in the Run-up to the First U.S. Biosimilar Approval

As we near the fourth anniversary of the enactment of the Biologics Price Competition and Innovation Act, which established the first abbreviated approval route for follow-on biologics in the United States, multiple federal...more

USPTO to Permit Delay in Meeting Certain Prioritized Examination Requirements

In an interim rule published in the Federal Register last week (79 Fed. Reg. 12386), the U.S. Patent and Trademark Office indicated that the time periods for meeting certain requirements for filing a request for Track I...more

Eastern District of Texas Creates “Track B” for Efficient Management of Patent Cases

On February 25, Chief Judge Leonard Davis of the Eastern District of Texas issued a general order regarding a new specialized case management procedure available for patent cases in the district. The order creates a special...more

Federal Circuit Reaffirms De Novo Standard of Review for Claim Construction

In a long-awaited decision, the Federal Circuit ruled en banc to uphold the the de novo standard for appellate review of claim construction issues, which was previously established in another en banc decision, Cybor Corp. v....more

Another Motion to Amend Denied in IPR Final Written Decision

While Patent Owners have finally succeeded in having claims survive an inter partes review proceeding, no Patent Owner has yet to find the magic formula that successfully navigates a motion to amend. In a Final Written...more

IP Buzz - February 2014

In this issue: - Hotfile Case Will Shape Copyright Law Online - Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of Prosecution...more

The Global Patent Prosecution Highway – Global Protection on a Budget

Patent prosecution can be a slow and expensive process. A business or an applicant may wish to accelerate the process of procuring a patent for a number of reasons including, engaging in enforcement activity and reducing...more

A Minor Shift in Patent Term Adjustment Calculations - Novartis AG v. Lee; Exelixis, Inc. v. Lee

Presented with a challenge to patent term adjustments as determined by the Patent and Trademark Office (PTO) under 35 U.S.C. § 154(b), the U.S. Court of Appeals for the Federal Circuit held that post-allowance delays are ...more

New Fast Track in East Texas Offers Parties the Chance to Accelerate Patent Cases

On February 25, 2014, Chief Judge Leonard Davis of the Eastern District of Texas issued General Order 14-3, which allows for a "Track B" accelerated discovery schedule in patent infringement lawsuits. The parties must...more

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug...more

FDA to Give 5 Year NCE Exclusivity to Combinations

In a Federal Register Notice dated February 24, 2014, the U.S. FDA announced a draft guidance for industry that will provide a 5 year NCE exclusivity period to fixed-combination drug products that include at least one new...more

A Claim Survives IPR!

The PTAB’s decision in Microsoft Corp. v. Proxyconn, Inc., IPR2013-00026, IPR2013-00109, Paper 73, (February 19, 2014) is notable because for the first time a challenged claim (claim 24) survived the IPR Process, although 8...more

In re Giannelli – The “Adapted To” Tide Is Shifting

Since the early 1990s, patent practice has gradually migrated away from the use of means-plus-function language[1] in patent claims due to case law that restricted the scope of means-plus-function claim limitations[2]....more

Federal Circuit Issues Remand In Ten Year Reexamination Proceeding

In Tempo Lighting, Inc. v. Tivoli, LLC, the Federal Circuit vacated the decision of the U.S. Patent Office Patent Trial and Appeal Board that had reversed the Examiner’s rejection of most of the claims of the patent at issue....more

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

The High Price of Challenging a Trademark Trial and Appeal Board Decision in District Court

Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win....more

Comforted By The Seat Of Justice - No Going Behind The EPO's Decision To Grant A Patent

The Court of Appeal recently ruled in Virgin Atlantic Airways v Jet Airlines (India) & Zodiac Seats UK and others that the English courts cannot go behind the European Patent Office's ("EPO's") decision to grant a European...more

TC's inside IP - Winter 2013: Final Really Does Mean Final in the Federal Circuit

Defendants in patent infringement lawsuits often request that the United States Patent and Trademark Office (“PTO”) reexamine the patent-in-suit. Patent reexamination is a process where the validity of an issued patent is...more

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