Harness, Dickey & Pierce, PLC

“Indirect” Common Inventorship Not Sufficient To Support Priority Claim Under 35 U.S.C. §120

The PTAB recently took up the issue of whether, in a family of patents and applications, a later patent in the family is entitled to the benefit of the filing date of an earlier-filed application in the family where the later…more
| Administrative Law, Civil Procedure, Intellectual Property

Strategies for Pharma Companies Facing Bass-Like Challenges in IPR Proceedings

Kyle Bass is at it again. On April 20, 2015, Bass filed his sixth inter partes review (IPR) Petition against a patent covering Pharmacyclics, Inc.’s cancer drug, IMBRUVICA®. Then, on April 22, 2015, Bass filed his seventh IPR…more
| Business Organizations, Civil Procedure, Intellectual Property, Science, Computers, & Technology

30 Months of IPR Practice – By the Numbers

UntitledWelcome to Volume 9 of our IPR-PGR Report. After 30 months of IPR practice, some trends are taking shape. Overall, the percentage of petitions put into trial has gradually decreased, down to 76% this quarter, from a high…more
| Administrative Law, Civil Procedure, Intellectual Property

Live Testimony for Fact Witness Can Be Appropriate at IPR Oral Hearing

With the Patent Office considering changes to inter partes review practice to potentially increase the use of live testimony at oral hearings, it is worth reviewing the first case in which the Board allowed such live testimony. …more
| Administrative Law, Civil Procedure, Intellectual Property

Toward a Bullet-Proof Petition – Motivation to Combine

While 8 out of 10 Petitions seeking inter partes review are granted by the PTAB, there remain several key errors that unsuccessful Petitioners make. Among them is the failure to provide sufficient factual basis for a rationale…more
| Civil Procedure, Intellectual Property

Which Party Should File Motion to Seal in Inter Partes Review?

The PTAB has taken seriously the importance of public accessibility to information underlying an inter partes review proceeding. As such, motions to seal have been trickier to navigate than might have been expected…more
| Civil Procedure, Intellectual Property

Pharmaceutical Filings on the Upswing as Power of IPR Becomes More Well-Known

The Wall Street Journal has taken note of recent IPR filings by hedge fund manager Kyle Bass against certain pharmaceutical patent portfolios. Our Matt Cutler was quoted in one of the articles…more
| Intellectual Property, Science, Computers, & Technology

Timing Is Everything When It Comes To Interlocutory Appeals of CBMR-Related Motions To Stay

The issue of when interlocutory appellate jurisdiction vests with the Federal Circuit under Section 18 of the AIA to review a district court’s decision on a motion to stay in view of a related CBMR was recently addressed in…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

IPR Incorporation by Reference Argument Not Enough to Save Priority Claim

Many patent challengers have found “incorporation by reference” arguments to be a tempting way to try to convert an obviousness argument into an anticipation argument, but “incorporation by reference” can also impact whether a…more
| Civil Procedure, Intellectual Property

PTO Previews Changes to Inter Partes Review Practice

Justified or not, there has been a significant and growing chorus of criticism regarding the results of about two-and-one-half years of Inter Partes Review practice before the PTAB. As our soon-to-be-released IPR Report (Volume…more
| Administrative Law, Civil Procedure, Intellectual Property

Board Discusses Difference Between Supplemental Evidence and Information

Still confused by the difference between supplemental evidence versus supplemental information? Let’s try this again….In Norman International, Inc. v. Andrew J. Toti Testamentary Trust, Russell L. Hinckley, Sr. (Co-Trustee) and…more
| Civil Procedure, Intellectual Property

PTAB Rejects Two Attempts by Patent Owners to Antedate Prior Art

The fact-based nature of conception/reduction to practice issues makes it worthwhile to consider a number of these types of cases as they arise. Here, we discuss such issues from two Board decisions, K-40 Electronics, LLC v…more
| Civil Procedure, Intellectual Property

PTAB Rules Lab Notebooks Insufficient to Prove Conception and Reduction to Practice

Swearing behind a reference is an enticing option for a Patent Owner, but the Board has again reminded parties that rigorous—and admissible—proof of conception and reduction to practice is still necessary…more
| Administrative Law, Civil Procedure, Intellectual Property

Going All In

Functional limitations and Senju Pharm. v. Lupin Pharm. Last year in Senju Pharma. v. Apotex Inc., 746 F.3d 1344 (Fed. Cir. 2014), Senju and Allergan were blocked from suing Apotex on a re-examined set of claims under the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Declines to Limit Claim Based on Disclosure of Only One Embodiment

The effect of the Broadest Reasonable Interpretation claim construction standard in inter partes review proceedings, forcing a decision that may be different than what could have been expected in district court litigation, has…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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