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Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions

Although arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an...more

No Stay Pending IPR in Brewing Patent Dispute | New England IP Blog

District court patent defendants often request a parallel inter partes review (“IPR”) proceeding at the U.S. Patent Office to challenge the validity of the patent at issue. As such IPR proceedings have the potential to kill...more

Federal Circuit Requires Standing To Appeal An IPR Decision

In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No....more

A Family Victory! Victory! Just Not for Little Caesars

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412...more

CBM Review Standard

Whether a patent qualifies for a CBM review has been a moving target. Early decisions held that the claims do not need to be directed to a “financial product or service,” since a reference in the specification to a financial...more

Covered Business Methods Patents — Not So Broad!

The Federal Circuit Court of Appeals has reminded the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in no uncertain terms that covered business method review has limits. In Unwired Planet, LLC v....more

Federal Circuit Narrows Patent Eligibility for CBM Review

In the recently decided Unwired Planet, LLC v. Google, Inc. case, the Federal Circuit significantly narrowed the eligibility standards for covered business method (CBM) patent review. Prior to the decision in Unwired Planet,...more

RxIP Update - 2016 Year in Review

The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

Full Federal Circuit to Review Appeals of PTAB Time-Bar Decisions

The hottest recent decisions from the Federal Circuit have centered on post-grant proceedings at the Patent Trial and Appeal Board (PTAB). One such issue involves when the PTAB is immune from appellate review of decisions it...more

Federal Circuit to Reconsider Appealability of Time-Bar Determinations in Institution Decisions

On January 4, 2017, the Federal Circuit agreed to reconsider en banc a panel decision in Wi-Fi One, LLC v. Broadcom Corp., 837 F.3d 1329 (Fed. Cir. 2016), which held that a patent owner cannot appeal a determination by the...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

Court Considers 29 Motions Relating To Five Patents-In-Suit

Robinson, J. 29 motions regarding various data devices and computer-related technologies including: ATA device control; method for configuring an intelligent low power serial bus; memory architecture and devices, systems and...more

Closed Case Is Reopened To Amend Induced Infringement Claims In ANDA Litigation Relating To Mitigare

Robinson, J. Plaintiff’s motion to reopen judgment and amend the complaint is granted. Plaintiff’s request for a preliminary injunction was denied and the denial was affirmed on appeal. On September 10, 2015, Takeda...more

Challenges in Amending Claims in an IPR: The Evolving Burden on a Patent Owner

Amending claims during an inter partes review (IPR) proceeding is not like amending claims during ex parte prosecution or a reexamination procedure. Generally, the patent owner has only one chance to propose substitute...more

Court Declines To Vacate No Willfulness Opinion And Laches/Estoppel Trial Is Scheduled

Stark, C.J. Plaintiff’s motion to vacate summary judgment of no willfulness is denied. Additional issues addressed in a status letter are resolved. A jury trial was held January 11-26, 2016. The court previously, based...more

Evidentiary Thresholds for Establishing Prior Public Use in Post-Grant Proceedings

Petitioners in post-grant review (PGR) and covered business method (CBM) proceedings have a greater arsenal of prior art to develop patentability challenges than in inter partes review (IPR) proceedings. While IPR challenges...more

Aqua Products En Banc Hearing Reveals Further Administrative Law Issues

On December 9, 2016, the Federal Circuit held an en banc hearing in In re Aqua Products. As noted earlier, one of the questions posed for en banc review had a distinctly administrative law tone. That question asked whether...more

Terminating a Post-Grant Proceeding By Settlement Before the Patent Trial and Appeal Board Has “Decided the Merits”

Voluntarily terminating a post-grant proceeding before the Patent Trial and Appeal Board (PTAB) prior to a final written decision may be appropriate in situations where the parties have agreed to settle the proceeding....more

PTAB Reversed on Issue of Diligent Reduction to Practice

Perfect Surgical Techniques (PST), Inc. owns US 6,030,384 (‘384). Olympus petitioned for Inter Partes review of ‘384 as anticipated or obvious over JP H10-33551 (JP ‘551). JP ‘551 published less than one year before the...more

More Digital Health Device Makers Expected to Seek FDA Clearance

Investors are increasingly interested in companies with technologies that will be subject to U.S. Food and Drug Administration (FDA) regulation. Until recently, some investors shied away from companies targeting the...more

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Post-Alice Section 101 Eligibility Roadmap for Software Inventions

In the wake of Alice the waters of eligibility under section 101 can be challenging to navigate, and particularly so for those seeking to obtain or enforce software patents. A two-part test for eligibility is the standard,...more

Prosecution Disclaimer Has No Teeth

Statements made by patent practitioners to the patent office during patent prosecution can come back to bite you in related applications. Prosecution disclaimer allows a court to limit the literal scope of the claims in an...more

PTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference

On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date. First, it heard...more

FDA Is Evolving on Qualifications for 'New Chemical Entity'

The prior approval of a drug containing an active ingredient of the innovator drug is not necessarily a death knell for NCE exclusivity. Originally published in the Intellectual Property and Life Sciences sections of...more

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