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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on...more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

by Smart & Biggar on

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations...more

[Webinar] What TC Heartland Means for Your Business: Practical Strategies For The Next Era Of Patent Litigation - June 29th,...

by BakerHostetler on

This timely webinar will provide insight for business leaders and legal counsel on the implications of the recent U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which has reshaped procedural...more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Patent Owner Extinguishes IPR by Amending Claims

by McDermott Will & Emery on

In a rare case where the Patent Trial and Appeal Board (PTAB) granted a motion to amend the claims in an inter partes review (IPR), the patent owner successfully canceled all claims subject to review by changing the...more

Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval

by Jones Day on

On June 12, 2017, the U.S. Supreme Court decided two important questions under the Biologics Price Competition and Innovation Act ("BPCIA"), which provides an abbreviated pathway for the approval of generic biologics: (i) the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the...more

Missed opportunity: Federal Circuit Again Offers No Clarifying Insight on Alice’s Two-Step Framework

On June 16, the Federal Circuit upheld the District Court’s decision in The Cleveland Clinic Found. V. True Health Diagnostics. Plaintiffs brought suit alleging Defendant infringed three patents (U.S. Patent Nos....more

Recognicorp, LLC v. Nintendo Co. -- Petition for En Banc Rehearing and Amicus Briefs

Proceedings for infringement of U.S. Patent No. 8,005,303 (Recognicorp, assigned from IQ Biometrix) resulted in an appeal decided on 28 April 2017, which decision was reviewed in this space by Michael Borella, and also...more

Supreme Court Affords Greater Leeway to Biosimilars in the 'Patent Dance'

by Pepper Hamilton LLP on

In a recent ruling, the U.S. Supreme Court clarified what happens when biosimilar applicants do not follow the regulatory framework for disputes with reference product sponsors — a process known as the “patent dance.” Since...more

Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., Inc.

by Fish & Richardson on

Hailed by some as the “right to repair”, on May 30, 2017, the Supreme Court ruled that a seller’s patent rights are not valid beyond the first sale of the patented product. Impression Products, Inc. v. Lexmark Intern., Inc....more

Supreme Court Cuts Back Patent Owners’ Post-Sale Rights

by Weintraub Tobin on

Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. ...more

Intellectual Property Newsletter - June 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

Litigation Update: Amgen v. Hospira

by Goodwin on

As we reported yesterday in the Amgen v. Hospira litigation, Amgen filed a motion for leave to file an amended brief in support of its Motion for a Preliminary Injunction, in light of the Supreme Court’s ruling in Sandoz v....more

Status Regarding Dupixent® Litigations

by Goodwin on

We previously reported that Sanofi and Regeneron filed a declaratory judgment action seeking a ruling that its approved Dupixent® (dupilumab) product does not infringe Amgen’s U.S. Pat. 8,679,487 (“the ’487 patent”), and that...more

Computer-Based Publishing Patent Goes Offline after Alice Inquiry

In a recent order from the District of Massachusetts, the court granted a defendant’s motion for summary judgment in a patent infringement dispute, finding the asserted patent claims invalid under 35 U.S.C. § 101. The court’s...more

In Amgen v. Hospira, Amgen seeks to amend its PI motion in light of Sandoz v. Amgen

by Goodwin on

As we previously reported in the Amgen v. Hospira district court litigation regarding Hospira’s proposed biosimilar of Epogen®/Procrit® (epoetin alfa), Amgen filed a motion for preliminary injunction seeking to enjoin Hospira...more

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

by Thompson Coburn LLP on

In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition and Innovation Act of...more

BIO International Convention 2017 Preview

BIO, Biologics, and Biosimilars - The 2017 BIO International Convention began earlier this week, but there are still many sessions and forums still to come. Patent Docs has been highlighting a few sessions or other...more

Supreme Court Analyzes Key Provisions of Biologics Price Competition and Innovation Act of 2009

by McDermott Will & Emery on

In a unanimous decision, the United States Supreme Court has clarified certain portions of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), concluding (1) that biosimilar makers do not have to wait for...more

Status Update on Janssen v. Celltrion

by Goodwin on

As we previously reported in the dispute brought by Janssen against Hospira and Celltrion regarding infliximab, Defendants filed a motion to dismiss the 2015 and 2016 consolidated actions for lack of standing. In those...more

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

In Fight Over Recombinant Blood Clotting Factor, PTAB Denies Motion to Submit Supplemental Information

In a case that highlights the importance for petitioners to conduct a thorough prior art search and to anticipate patent owner’s arguments, the PTAB denied a motion to submit supplemental information under 37 C.F.R. §...more

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