Brian Sodikoff

Katten Muchin Rosenman LLP

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Latest Posts › Patent Litigation

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Whether Obviousness Type Double Patenting Can Be Used to Invalidate Patents That Expire Later Because of Patent Term Adjustment

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP)...more

7/13/2021 / Double Patent , Obviousness , Obviousness-Type Double Patenting (ODP) , Patent Applications , Patent Expiration , Patent Litigation , Patent Validity , Patents

Courts' Findings of No Invalidity Are Not Binding on the Patent Office in Inter Partes Reviews

The US Circuit Court for the Federal Circuit issued an important decision last week regarding the interplay of court litigation and inter partes reviews (IPRs) at the US Patent and Trademark Appeals Board (PTAB) on the issue...more

4/11/2017 / Inter Partes Review (IPR) Proceeding , Novartis , Patent Invalidity , Patent Litigation , Patent Trial and Appeal Board , Pharmaceutical Patents

Supreme Court Unanimously Rejects Federal Circuit Standards for Indefiniteness and Induced Infringement

The US Supreme Court issued two anticipated decisions on June 2, 2014, relating to the US Court of Appeals for the Federal Circuit's standards for indefiniteness and induced infringement. In the first, Nautilus, Inc....more

6/9/2014 / Definiteness , Indefiniteness , Induced Infringement , Infringement , Nautilus Inc. v. Biosig Instruments , Patent Infringement , Patent Litigation , Patents , SCOTUS

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