Latest Publications

Share:

Federal Circuit Rejects State Sovereign Immunity Defense to Inter Partes Review

Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense to the institution of an IPR. We questioned in a previous alert whether the...more

Supreme Court Holds that Confidential Sales Still Qualify as Patent Prior Art

Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application is filed...more

Federal Circuit Nixes PTAB Sovereign Immunity for Saint Regis Mohawk Tribe

Does it Open the Door to Challenge Patents Held by State Entities? - In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit affirmed the PTAB’s decision denying Saint Regis from using sovereign...more

Implications of SCOTUS Opinions on Constitutionality, Scope of Inter Partes Reviews

The Supreme Court recently handed down two highly anticipated decisions concerning inter partes review (IPR) challenge proceedings in the Patent Trial and Appeal Board (PTAB). In Oil States Energy Services, LLC v. Greene’s...more

Timeliness Determinations for Inter Partes Review Now Subject to Appellate Review

On January 8, 2018, the en banc Federal Circuit, in Wi-Fi One, LLC v. Broadcom Corp., held that a PTAB decision upon institution as to whether a petition for inter partes review is timely under 35 U.S.C. § 315(b) is...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide