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Will the Supreme Court Clarify Patent-Eligibility?

The United States Supreme Court is set to render its decision on the grant or denial of Sequenom, Inc.’s (“Sequenom’s”) petition for writ of certiorari that posed the issue: ..Whether a novel method is patent-eligible...more

Federal Circuit Review | June 2016

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of...more

Litigation Alert: Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings

This week in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court decided two important questions related to the power of the Patent Trial and Appeal Board (PTAB) over inter partes review proceedings. First,...more

IPR Tracker: IPR2016-00383 (U.S. Patent No. 6,331,415) (Genzyme) (Cabilly II patent) – Denying Institution of IPR

The PTAB has denied IPR on U.S. Patent No. 6,331,415. On June 8, the PTAB instituted a separate Genzyme petition against this patent (IPR20016-00460), which was joined to an earlier Sanofi-Aventis and Regeneron IPR...more

CAFC Upholds Same Day Continuation Applications

The Federal Circuit decided not to disturb the “longstanding administrative construction” of 35 USC § 120 that permits the filing of a continuation application on the same day its parent application grants as a patent. The...more

Supreme Court Affirms PTAB’s “Broadest Reasonable” Claim Construction Standard

Supreme Court sides with Patent Office’s rulemaking authority. On Monday, June 20, 2016, the US Supreme Court issued its eagerly awaited Cuozzo decision, affirming the Federal Circuit’s decision. Specifically, the Court:...more

After a Jury Trial Determining that the Defendant Infringed Several Valid Patents, the District Court Certified the Partial...

Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid...more

European Patent Office to Make Pan-European Revocation Proceedings Faster, More Efficient as of July 1

European Patent Office oppositions are a very powerful way of litigating newly granted patents. In reality these are pan-European revocation proceedings, with profound strategic significance for life sciences companies – this...more

Straight From The Judges’ Mouths: Lessons For Persuading the Board

The USPTO’s Patent Trial & Appeal Board (PTAB) hosted its June Boardside Chat, which addressed best practices for presenting patentability/unpatentability arguments before the board. The Chat, which was hosted by...more

Federal Circuit Weighs in on Propriety of New Evidence Adduced During IPR Trial

In Genzyme Therapeutics v. Biomarin Pharma., the Federal Circuit considered what sort of notice and opportunity to be heard in an IPR will satisfy the Administrative Procedure Act (“APA,” 5 U.S.C. § 554(b) & (c)). Genzyme...more

Intellectual Property Alert: Patent Office’s Continuation Filing Deadline Rule Upheld by the Federal Circuit

Yesterday, the Court of Appeals for the Federal Circuit reversed and remanded the decision of the Delaware district court in Immersion Corp. v. HTC Corp., No. 1:12-cv-00259, 2015 WL 627425 (D. Del. Feb. 11, 2015). That case...more

Supreme Court Affirms Federal Circuit in Cuozzo Speed Technologies LLC

Addressing the America Invents Act proceedings for the first time, the Supreme Court’s decision in Cuozzo Speed Technologies LLC v. Lee largely maintained the status quo. The Court held that the Patent Trial and Appeal...more

Supreme Court Affirms Cuozzo, Upholding PTAB's Claims Construction Standard and Non-Appealable Nature of Inter Partes Review

This article contains important information relating to recent developments in patent law and, as such, is intended for an audience that either currently owns a patent or is in the process of obtaining one. The Supreme...more

Solidifying Claim Construction in Inter Partes Review – Cuozzo Allows Patent Office to Govern the Inter Partes Review Process

On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest...more

Supreme Court Upholds Federal Circuit’s Cuozzo Decision - PTAB IPR Institution Decisions Not Appealable; Broadest Reasonable...

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Techs., LLC v. Lee, No. 15-446, affirming the Federal Circuit’s rulings that the U.S. Patent and Trademark Office’s (“PTO”) Patent Trial and Appeal...more

Supreme Court Affirms “Broadest Reasonable Construction” Standard in IPR, but Leaves Questions on Scope of Judicial Review

On June 20, 2016, the U.S. Supreme Court released its much-anticipated decision in Cuozzo Speed Technologies, LLC v. Lee, the first Supreme Court case to pass upon the post-grant patent review procedures created by the...more

Supreme Court Entrusts Enhanced Damages to District Court Judges

Section 284 of the Patent Act provides that, in the event of damages for patent infringement, “the court may increase the damages up to three times the amount found or assessed.” In 2007, the Federal Circuit in In re Seagate...more

The European Patent Office introduces a “go-faster” opposition process

The European Patent Office (EPO) has announced that from 1 July 2016, post-grant oppositions will be reformed so that they become significantly faster and more efficient. The effect of these changes is that in straightforward...more

U.S. Supreme Court Upholds Broadest Reasonable Interpretation Standard, and Affirms Federal Circuit’s Lack of Authority to Review...

The Appeal by Cuozzo Speed Technologies - On June 20, 2016, the U.S. Supreme Court issued its opinion in Cuozzo Speed v. Lee, affirming the Federal Circuit’s prior ruling on an appeal taken from the Patent Trial and...more

Supreme Court Affirms USPTO Claim Construction Test

On June 20, 2016, the Supreme Court issued its highly anticipated decision in Cuozzo Speed Technologies v. Lee. The Court unanimously held the United States Patent and Trademark Office (USPTO) can give claims in inter partes...more

Supreme Court Affirms USPTO’s Broadest Reasonable Construction Standard for IPRs

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court unanimously affirmed the United States Patent and Trademark Office’s (“USPTO’s”) standard for construing patent claims in an inter partes review (“IPR”), a...more

Intellectual Property Alert: U.S. Supreme Court Decides Cuozzo Speed v. Lee

On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed v. Lee, Inc., No. 15-446. The Court affirmed the Federal Circuit’s judgment in full, thus resolving two significant issues for inter partes review (IPR)...more

How the PTAB Treats Pre-Institution Factual Disputes

As a result of recent changes in the PTAB rules of practice, counsel for patent owners should consider whether there are opportunities to identify factual deficiencies in petitions. Counsel for petitioners in inter partes...more

Federal Circuit Erases a Rare Patent Owner Victory and Tells PTAB: No Changing Horses (Claim Constructions) Midstream

In a recent decision on an inter partes review (IPR) appeal, the Federal Circuit erased a rare victory for a patent owner and remanded the case back to the Patent Trial and Appeal Board (PTAB) for rehearing on the sole claim...more

A Combination of References Can be Obvious Even if it Requires a Bit of Work

In Allied Erecting v. Genesis Attachments, LLC, [2015-1533] (June 15, 2016), the Federal Circuit affirmed the PTAB’s decision in IPR2014-001006 that claims 1–21 of U.S. Patent No. 7,121,489, were obvious. Allied first...more

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