Talking PTAB with Bob Steinberg
Indefiniteness Before the PTAB
Compiling Successful IP Solutions for Software Developers
Protecting IP Through Employment Law
Collaborating Before The PTAB
Is Biotech Patentable Subject Matter?
Wearables and the Future of Intellectual Property Law
Is The Deck Stacked Against Patent Owners In The PTAB?
Drafting Software Patents In A Post-Alice World
Enforcement Challenges For Biotech Patents
The Future of Patent Damages
Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
Polsinelli Podcasts - Hedge Funds Now Using IPR Challenges
Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software
Is the Patent Litigation Boom Coming to an End?
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
Sarif Biomedical LLC v. Brainlab, Inc., et al., C.A. No. 13-846-LPS, August 26, 2015.
Stark, C.J. Claim construction opinion.
The following terms of U.S. patent No. 5,755,275 were construed...more
Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more
International Business Machines Corporation v. The Priceline Group Inc., et al., C.A. No. 15-137-LPS-CJB, August 18, 2015.
Burke, M. J. Defendants’ motion to stay pending resolution of defendants’ motion to dismiss...more
This ANDA case concerns generic versions of bortezomib, marketed as Velcade® and used to treat multiple myeloma and mantle cell lymphoma. One prior art patent identifies bortezomib as a potent anti-cancer drug. The parties...more
Defendant claims the patent-in-suit claims ineligible subject matter and is therefore invalid under § 101. The invention uses computer technology for promotional gaming methods. Applying the 2-step Alice step, The court...more
Addressing whether an abstract idea involves “financial product or service” in the context of covered business method (CBM) reviews, and providing additional guidance on the analysis, the Patent Trial and Appeal Board (PTAB...more
In the first appeal of a covered business method (CBM) review, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decision, and explained that the eligibility of a...more
Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more
In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more
Although the jury found the claims valid, and the Fed. Cir. affirmed, this decision, which found that the claims were not insolubly ambiguous, was revisited by the Fed. Cir. While there are pages on issue preclusion, in the...more
An unresolved question in Australia is whether Swiss form claims add to the scope of protection afforded by corresponding method of medical treatment claims. It is settled that both may co-exist in a granted patent, but is...more
In a key development regarding Inter Partes Review (IPR) procedure, on September 1, 2015, the Patent Trial and Appeal Board (the “Board”) issued an order that lays the groundwork for how the Board may address cases on remand...more
The first biosimilar is now available in the United States. Sandoz announced the availability of Zarxio™ (filgrastim-sndz) earlier today, after the Federal Circuit denied Amgen Inc.'s attempt to stall the launch. The launch...more
On Sept. 1, 2015, the PTAB issued an order in Coalition for Affordable Drugs (CFAD) v. NPS Pharmaceuticals for the parties to brief the following questions in 7 business days...more
With a presidential election looming, we’re hearing a lot about “border security” in the news. Most of us know that U.S. Customs and Border Protection (“U.S. Customs”) is charged with keeping out illegal immigrants, but did...more
In Akamai v. Limelight, Inc., Case Nos. 2009-1372, -1380, -1416, -1417, (Fed. Cir. Aug. 13, 2015) (en banc), the Federal Circuit updated and clarified the standards for determining if direct infringement has occurred in cases...more
In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to...more
What have we learned about Inter Partes Reviews (IPR) since its inception on September 16, 2012?
Since the September 16, 2012, effective date of the AIA trial provisions, 3,277 IPR petitions have been filed through July...more
Addressing the U.S. Patent Office’s (USPTO) discretion in connection with patent term adjustments, the U.S. Court of Appeals for the Federal Circuit agreed with the district court that the USPTO acted within its discretion in...more
On July 30, 2015, the U.S. Patent and Trademark Office (USPTO) released an update to the 2014 Interim Guidance on Patent Subject Matter Eligibility (the interim guidelines) (See IP Update, Vol. 17, No. 12.) The update is...more
The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach).
Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more
Sandoz successfully (at least for now) has overcome conventional wisdom, the plain language of the Biologics Price Competition and Innovation Act (BPCIA) (or, at least those provisions regarding patent litigation) and Amgen...more
On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) published a proposal to amend the existing rules of practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered...more
The USPTO has launched a Petitions Timeline that provides information on the types of petitions that can be filed at each stage of prosecution, the average time to decision and grant rate, and the deciding office. While some...more
From the very outset of inter partes review proceedings, the Board has helped to manage its docket by rejecting challenge grounds in petitions that are redundant to other grounds in the petition. See Liberty Mutual Ins. Co....more
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