News & Analysis as of

Patents

SAS Institute Inc. v. Lee : For the Love of Administrative Efficiency

On the same day the Supreme Court issued its much-anticipated decision in TC Heartland v. Kraft, the Court also granted a petition for writ of certiorari in SAS Institute Inc. v. Lee. The question presented in that petition...more

T.C. Heartland Leaves Open Patent Venue Questions

by Smith Anderson on

The words “venue” and “headline news” are typically not found in the same sentence. Yet the United States Supreme Court’s decision in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) managed to achieve...more

Amgen Seeks Discovery Regarding AbbVie’s Patent Dance with Other Biosimilar Applicants

by Goodwin on

In the ongoing litigation between AbbVie and Amgen regarding Amgen’s proposed biosimilar for Humira® (adalimumab), Amgen is seeking discovery from AbbVie regarding its exchanges with other adalimumab biosimilar applicants...more

“TC Heartland” Supreme Court Limits Venue in Patent Suits

Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s...more

RecogniCorp v. Nintendo—Alice Keeps Playing at the Federal Circuit

In the nearly three years since Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the Federal Circuit has analyzed the issue of patent-eligibility in the context of numerous distinct technologies. The court’s precedent...more

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”. ...more

Mitigating Risk at the Intersection of Business and Patents

by Lane Powell PC on

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have...more

Unmet Garmin Factor 3 Proves Fatal for Additional Discovery Request

by Jones Day on

In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order....more

U.S. Supreme Court Addresses Scope of Patent Venue

by Jones Day on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C....more

Mylan Institutional LLC v. Aurobindo Pharma Ltd. (Fed. Cir. 2017)

Last week, the Federal Circuit reviewed the rare event of a preliminary injunction being granted in a lawsuit over a chemical invention, made rarer still by the evidence of likelihood of success on the merits required for the...more

Supreme Court Grants Cert In SAS To Decide Required Scope Of PTAB Decision

by Foley & Lardner LLP on

On May 22, 2017, the Supreme Court granted certiorari in SAS Institute, Inc. v. Lee, where it has been asked to decide whether the PTAB is statutorily required “to issue a final written decision as to every claim challenged...more

The Supreme Court Limits What Constitutes Proper Venue

In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 581 U.S. __ (2017), the Supreme Court reversed a Federal Circuit decision and clarified the proper scope of venue pursuant to the patent venue statute, 28...more

Due Diligence: Calculating the Regulatory Review Period for Patent Term Extension

by Pepper Hamilton LLP on

This is the fourth article in our five-part series on PTE. When applying for a patent term extension (PTE), due diligence matters. If an applicant did not act with due diligence during the testing phase or the approval...more

AIPLA Proposes New 101 to Save the Patent System

The AIPLA has proposed a new Section 101: 35 U.S.C. § 101—Inventions Patentable - (a) Eligible Subject Matter.— Whoever invents or discovers any useful process, machine, manufacture, composition of matter, or any...more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more

Show and Tell: Successful Examiner Interview Strategies for Consumer Product Cases

For consumer product companies, the Examiner interview has heightened importance and presents a unique opportunity for success. Because product lifespans are often brief and knockoffs find their way into the market quickly,...more

Function/Way/Result Test Causes Headaches in Chemical Cases; Substitute Insubstantial Differences Test

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., [2017-1645] (May 19, 2017), the Federal Circuit affirmed the grant of a preliminary injunction against the infringement of U.S. Patent 9,353,050 on a triarylmethane dye...more

The Last “Cabilly” Challenge Quietly Settles

by Fish & Richardson on

U.S. Pat. No. 6,331,415, commonly referred to as “Cabilly II,” has been called one of the most-litigated patents of all time, having been challenged multiple times in both the district court and at the U.S. Patent and...more

Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

by K&L Gates LLP on

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants...more

Supreme Court Review in SAS Institute May Impact the Scope of Appealability and Estoppel in AIA Proceedings

Recently, the Supreme Court agreed to hear arguments on the question of whether the PTAB is required to issue a final written decision with respect to every claim challenged in an IPR petition. SAS Institute Inc. v. Lee, No....more

Delaware - The New Black For Patent Litigation?

by SmithAmundsen LLC on

This week the Supreme Court made the problem of deciding where to incorporate a little more complicated. Sure, your company could still choose Delaware for its well-developed business laws. But how does Delaware stack up in...more

The Supreme Court Will Review the Board’s Partial Institution Practice

by Reed Smith on

On May 22, the U.S. Supreme Court granted SAS Institute’s Petition for Cert seeking review of the Board’s practice of instituting review of some challenged claims but not others. In the Federal Circuit’s decision on appeal,...more

Court Clarifies Meaning of “Ground for Invalidity” for Purposes of Post-IPR Estoppel

A district court judge recently addressed the scope of estoppel for a petitioner in an inter partes review (IPR). Specifically, the court clarified the meaning of a “ground for invalidity” as it relates to the estoppel effect...more

Merely Because Petitioner Changes its Mind is not Enough to Stop Inter Partes Reexamination

In In Re: AT&T Intellectual Property II, L.P., [2016-1830] (May 10. 2017), the Federal Circuit affirmed the PTAB determination in Inter Partes Reexamination, that the claims of U.S. Patent No. 7,454,071, directed to methods...more

Supreme Court Limits Venue in Patent Litigation

In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. § 1400. Under Section...more

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