News & Analysis as of

Settlement Inter Partes Review (IPR) Proceeding

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

Meating of the Minds: Impossible Foods and Motif Foodworks Settle High Profile Patent Dispute in District Court

The food tech industry has been growing and evolving rapidly in the last ten years due to technological innovations in the space and a growing customer demand for plant-based food products and sustainable meat options. We...more

Akin Gump Strauss Hauer & Feld LLP

Termination of IPR Proceeding on the Eve of Final Written Decision Dooms Joinder Attempt

The Patent Trial and Appeal Board has denied institution and joinder of an inter partes review petition after determining that the petition was not only time-barred but that joinder was also foreclosed. In making its...more

Venable LLP

Amgen and Sandoz Settle Prolia® / Xgeva® Biosimilar Litigation

Venable LLP on

Amgen and Sandoz reached a settlement in Case No. 1:23-cv-02406 (D.N.J.) on April 29 just hours before a New Jersey District Court Judge (Christine O’Hearn) was scheduled to announce her ruling on Amgen’s preliminary...more

Haug Partners LLP

DexCom, Inc., v. Abbott Diabetes Care, Inc.: Federal Circuit Finds Forum Selection Clause Does Not Bar IPR Proceedings Based on...

Haug Partners LLP on

In DexCom, Inc., v. Abbott Diabetes Care, Inc., 89 F.4th 1370 (Fed. Cir. 2024), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction, finding that a patentee could...more

Venable LLP

Stelara® Biosimilar Updates: Settlement of IPR and FDA Review of Proposed Biosimilar

Venable LLP on

On March 4, 2024, the PTAB granted Biocon and Janssen’s joint motion to terminate IPR2023-01444 due to a settlement reached prior to an institution decision. The parties announced in a press release that their settlement and...more

McDermott Will & Emery

Cloudy Skies: PTO Director Finds Abuse and Sanctionable Conduct

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) Director issued a precedential opinion finding that filing an inter partes review (IPR) solely to extract payment in a settlement—without the intent to prosecute the IPR to completion—is...more

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

IPR Limbo During the Arthrex Decisions

In Polaris Innovations Ltd. v. Brent, No. 2019-1483, 2022 WL 4241665 (Fed. Cir. Sept. 15, 2022), the Federal Circuit faced an appeal that had bounced back and forth between the Court and Patent Trial and Appeal Board (“the...more

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

Looking Back at 2021: PTAB Trial and Appeal Statistics

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). The majority of petitions filed are...more

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

Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2021

Wi-LAN Inc. v. Sharp Electronics Corporation, Appeal Nos. 2020-1041, -1043 (Fed. Cir. Apr. 6, 2021) - In this week’s Case of the Week, the Federal Circuit addressed issues of claim construction and various issues...more

Goodwin

Alexion and Amgen Settle IPRs Over SOLIRIS (eculizumab)

Goodwin on

Alexion Pharmaceuticals’ SOLIRIS (eculizumab) is approved in the U.S. for the treatment of paroxysmal nocturnal hemoglobinuria (PHN), atypical hemolytic uremic syndrome (aHUS), myasthenia gravis (gMG), and neuromyelitis...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #2

PATENT CASE OF THE WEEK - Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) - Our case of the week concerns issues particular to inter partes review...more

Knobbe Martens

Settlement 5 Days Before Final Written Decision Deadline Results in Termination Of IPR

Knobbe Martens on

In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that they had settled their...more

Knobbe Martens

PTAB Grants Joinder of Time-Barred Petitioner to IPR after Settlement with Original Petitioner

Knobbe Martens on

The PTAB granted joinder of a time-barred petitioner to an IPR trial after the patent owner settled its dispute with the original petitioner in AT&T Services, Inc. v. Convergent Media Solutions, LLC, IPR2017-01237, Paper 10...more

Foley & Lardner LLP

Is The Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered?

Foley & Lardner LLP on

We have previously noted that the increasing rate of pre-institution settlement may in part be responsible for the declining institution rate in IPR proceedings because stronger petitions may drive earlier settlements,...more

Goodwin

Mylan and Genentech Reach Settlement on Cabilly Patent IPR

Goodwin on

As we reported yesterday, Mylan announced that it has reached a settlement with Genentech, Inc. and F. Hoffman-La Roche Ltd. relating to trastuzumab, which extended to Mylan agreeing to withdraw its IPR challenge to U.S. Pat....more

Foley & Lardner LLP

Survey of Pharmaceutical IPRs Filed By Generic Drug Company Petitioners

Foley & Lardner LLP on

We have reviewed a sub-group of 111 IPRs filed by generic drug companies against pharmaceutical patents to assess outcomes and trends. While our survey was not intended to capture every IPR filed by a generic drug company, it...more

Robins Kaplan LLP

Takeaways From PTAB's Fiscal Year Statistics

Robins Kaplan LLP on

Since the creation of the Patent Trial and Appeal Board as part of the America Invents Act on Sept. 16, 2012, the PTAB trial proceedings have become an increasingly popular venue for parties seeking to challenge patents....more

McDermott Will & Emery

Settle with All Stakeholders Before Trying to Terminate an IPR - Qualcomm Inc. v. Bandspeed, Inc.

In a case where the patent owner settled out of an IPR proceeding with the petitioners but not with a party seeking joinder, the Patent Trial and Appeal Board (PTAB or Board) instituted inter partes review of all the...more

Foley & Lardner LLP

Does Spike In IPR Settlements Signify Petitioner Success?

Foley & Lardner LLP on

The most recent IPR statistics have shown a sharp increase in the number of settlements, both before and after institution decisions. What is most remarkable is the huge spike in settlements prior to institution. In...more

Foley & Lardner LLP

Inter Partes Review – Parties Favor Settlement Over Board Decisions

Foley & Lardner LLP on

Now that we have a growing body of statistics on the Inter Partes Review proceedings created by the America Invents Act, it is interesting to see how the proceedings are being resolved. With the significant attention given to...more

JAMS

Effect On Settlement Of Post-Grant Patent Review Proceedings

JAMS on

The recent America Invents Act both modified and created procedures for challenging patents in proceedings before the United States Patent and Trademark Office (PTO) after they have been issued, which are called post grant...more

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