News & Analysis as of

Patents Petition for Writ of Certiorari

BakerHostetler

The End of the Fight Against Fintiv

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Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that...more

Foley Hoag LLP

In Re Cellect: What’s The Issue and What to Expect

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What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

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Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rethinking In re Cellect and Its Consequences

The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers...more

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Womble Bond Dickinson on

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: October 2023

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In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more

BakerHostetler

The Supreme Court Again Declines To Reevaluate Subject Matter Eligibility of Diagnostic Claims

BakerHostetler on

The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a...more

BakerHostetler

Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

BakerHostetler on

On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. The bill proposes...more

Holland & Knight LLP

Patent Eligibility at the Supreme Court: Another Petitioner Throws Its Hat in the Ring

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In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Weighs in on Patent Eligibility Question

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Stanford Asks Supreme Court to Revisit Subject Matter Eligibility on Diagnostic Claims

"Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two...more

McDonnell Boehnen Hulbert & Berghoff LLP

Petition for Writ of Certiorari filed in DABUS AI-as-Inventor Case

Dr. Stephen Thaler, Ph.D., a computer scientist and inventor, has petitioned the Supreme Court of the United States to consider the question of whether the Patent Act restricts the definition of an "inventor" to human...more

BakerHostetler

The Supreme Court Again Declines to Address the Written Description Standard

BakerHostetler on

Without any comments, the Supreme Court has denied Juno Therapeutics’ Petition for Rehearing, which requested that the Court hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC....more

Fitch, Even, Tabin & Flannery LLP

U.S. Supreme Court to Consider “Full Scope” Enablement of Claims

On November 4, the United States Supreme Court granted a petition for writ of certiorari to review the Federal Circuit’s decision in Amgen Inc., v. Sanofi. Certiorari was limited to the question of whether the enablement...more

BakerHostetler

Supreme Court Denies Review of the Written Description Requirement

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Just days after agreeing to review the scope of the enablement requirement in Amgen Inc. v. Sanofi, Aventisub LLC, the Supreme Court denied Juno Therapeutics, Inc.’s (Juno) request to review the scope of the written...more

Knobbe Martens

Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

Knobbe Martens on

A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more

Holland & Knight LLP

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

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I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

Morrison & Foerster LLP - Federal Circuitry

Federal Circuit CVSG Update

With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often...more

White & Case LLP

Biogen rehearing denied: Is SCOTUS the next step?

White & Case LLP on

On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen’s petition for en banc review in Biogen International GmbH et al. v. Mylan Pharmaceuticals Inc. ("Petition Denial"), in which a Federal Circuit...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Mylan Labs. Ltd v. Janssen Pharmaceutica, N.V.,...

Mylan appealed from a Patent Trial and Appeal Board (Board) discretionary denial of institution of an inter partes review (IPR) proceeding. The Board declined to institute Mylan’s IPR under NHK-Fintiv, a multi-factor analysis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Not Backing Down Now – Multiple Amicus Curiae Briefs Filed for Amgen v. Sanofi

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail...more

Morrison & Foerster LLP - Federal Circuitry

A CVSG on Claim Construction Procedures and Jury Trial Rights

As Federal Circuitry readers likely know, the Supreme Court occasionally invites the Solicitor General to file a brief expressing the views of the United States in a case where the Court is considering granting certiorari....more

International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

Kilpatrick

Amgen Petitions for Certiorari to Reconsider Enablement of Genus Claims

Kilpatrick on

As we reported earlier this year, Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with...more

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