Intellectual Property Law Issues for Health Care Providers
IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition
Inter-Partes Review of Patents: The Case So Far (CLE)
IP|Trend: New Era in Protection of Software by Intellectual Property Law?
Inter Partes Review: Validity Before the PTAB
IP|Trend: Discovering Source Code
Ropes & Gray: Advantages of the Patent Trial and Appeal Board
Post-Grant Insights: The Significance of a Three-Judge Panel
IP|Trend: The Importance of Consumer Surveys in Patent Litigation
Post-Grant Insights: The Need for Seamless Coordination of District Court & PTAB Litigation
IP|Trend: Inter Partes Review: Is it Litigation or Something Else?
Post-Grant Insights: The Preparation and Pace of the PTAB
Controlling the Cost of Patent Litigation
Post-Grant Insights: The Impact of PTAB Appeals on the Federal Circuit
Post-Grant Insights: Key Considerations in PTAB Oral Hearings
Post-Grant Insights: What claims to include in your PTAB petition
What are the Implications of Alice v. CLS?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
On December 16, 2014, the USPTO issued a comprehensive interim Guidance document for examination of subject matter eligibility under 35 U.S.C. § 101. The new Guidance document supplements the June 2014 Preliminary...more
The U.S. Patent and Trademark Office (USPTO) today released its latest iteration of guidance—referred to as the "Interim Eligibility Guidance"—to its examiners. This guidance is aimed at assessing whether an invention claimed...more
The USPTO has issued new “Interim Guidance” for determining whether claims are eligible for patenting under 35 USC § 101. Although the new guidance technically applies to all technologies and all types of claims, Applicants...more
On December 5, in the closely watched Sandoz v. Amgen case, the Federal Circuit held that a biosimilars applicant cannot use the Declaratory Judgment Act to challenge a reference product sponsor's patent prior to filing a...more
On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more
The much-anticipated subject-matter eligibility Guidance has finally been released by the U.S. Patent & Trademark Office (USPTO) for public inspection and comment. Although the new Guidance is being circulated for public...more
The biotechnology industry has a long history of successfully licensing and litigating university technology. That trend looks to be continuing, even as other industries have taken aim at limiting patent enforcement. Ten U.S....more
Lost a challenge ground in the Board’s Decision to Institute? The Board has given some hope that such denied grounds may still of use in an IPR proceeding in McClinton Energy Group, LLC v. Magnum Oil Tools International,...more
On December 15, 2014, the USPTO issued Interim Guidance for examination of subject matter eligibility under 35 U.S.C. § 101. These new guidelines largely follow the previous interim guidelines issued on June 25, 2014, in view...more
On December 15th, 2014, the USPTO released its much anticipated revised subject matter eligibility examination guidance to assist patent examiners evaluate inventions that may be related to any one of the three judicial...more
Since the Supreme Court issued its June 2014 decision in Alice Corp. v. CLS Bank International, federal district courts, the Court of Appeals for the Federal Circuit, and the United States Patent & Trademark Office have been...more
Regeneron Pharm., Inc. v. Merus B.V.
Case Number: 1:14-cv-01650-KBF -
On March 14, 2014 Regeneron Pharmaceuticals, Inc. (“Regeneron”) commenced this action against Merus B.V. (“Merus”) and Ablexis LLC...more
Decision Date: November 18, 2014 -
Court: District of Massachusetts -
Patent: D677,423 -
Holding: Plaintiff’s proposed claim construction ADOPTED -
Plaintiff Maureen Reddy sued...more
On December 9, 2014, the Patent Trial and Appeal Board (“PTAB”) upheld the validity of three Supernus Pharmaceutical’s patents relating to once-daily formulations of doxycycline. The trio of decisions is significant because...more
The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more
For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more
The USPTO has issued new “interim” guidance for determining whether claims are eligible for patenting under 35 USC 35 U.S.C. § 101. Assuming the guidance document is published in the December 16, 2014 Federal Register, it...more
Stryker Corp. and Stryker Sales Corp. sued Zimmer, Inc. and Zimmer Surgical, Inc. in the Western District of Michigan on November 21, 2014. In its complaint, Stryker alleges that Zimmer’s “TotalShield Surgical Helmet System“...more
In a speech at the American Antitrust Association (AAI) and Computer & Communications Industry Association (CCIA) Conference on Innovation, Patents and PAEs on December 10, 2014, Federal Trade Commissioner (FTC) Julie Brill...more
On Friday, December 12, 2014, the U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co., 379 U.S. 29 (1964),...more
TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc.
Case Number: 1:11-cv-04039-SAS -
Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more
A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents.
While there was anticipation that the decision would provide general guidance on the...more
On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s...more
Less than a month after their case was argued at the Federal Circuit, Illumina Inc. and Sequenom Inc. have announced a deal to settle their patent infringement litigation. While I haven’t seen an order dismissing the case,...more
On December 5, 2014, the Federal Circuit issued its opinion in Sandoz Inc. v. Amgen Inc. et al. In a unanimous panel opinion (Judges Dyk, Taranto and Chen), the Court held that clinical trials initiated to support a possible...more
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