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Aker Biomarine Antarctic AS v. Rimfrost AS (Fed. Cir. 2019)

Earlier this month, in Aker Biomarine Antarctic AS v. Rimfrost AS, the Federal Circuit affirmed two final written decisions by the U.S. Patent and Trademark Office Patent Trial and Appeal Board finding claims 1-19 of U.S....more

USPTO Meets Pendency Goals for FY2019

On October 9, 2019, the U.S. Patent and Trademark Office announced via an e-mail to its stakeholders and in a post on the Director's Form Blog that the Office had achieved its long-term goals of reducing first action pendency...more

10/10/2019  /  Patent Applications , Patents , USPTO

USPTO Proposes Revisions to PTA Rules in View of Supernus v. Iancu

On Friday, October 4, 2019, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (84 Fed. Reg. 53090), in which the Office proposes certain revisions to the rules of practice...more

Honeywell Int'l v. Arkema Inc. (Fed. Cir. 2019)

On October 1, 2019, in Honeywell Int'l v. Arkema Inc., the Federal Circuit vacated a combined Final Written Decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in two post-grant review proceedings...more

Intra-Cellular Therapies, Inc. v. Iancu (Fed. Cir. 2019)

Last week, in Intra-Cellular Therapies, Inc. v. Iancu, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia affirming a determination by the U.S. Patent and Trademark Office...more

Phigenix, Inc. v. Genentech, Inc. (Fed. Cir. 2019)

Earlier this month, in Phigenix, Inc. v. Genentech, Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of California striking the infringement opinion of Phigenix's expert and...more

Mayo Foundation for Medical Education and Research v. Iancu (Fed. Cir. 2019)

On Monday, September 16, 2019, in Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia affirming a determination...more

USPTO Increases Limit on Accepted Requests for Track I Examination

In a notice published in the Federal Register (84 Fed. Reg. 45907) last week, the U.S. Patent and Trademark Office issued an interim rule in which it increased the limit on the number of prioritized (Track I) examination...more

Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH (Fed. Cir. 2019)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia granting a motion for judgment as a matter of...more

Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc. (Fed. Cir. 2019)

Last month, in Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of Delaware finding the asserted claims of U.S. Patent Nos....more

Amgen Inc. v. Coherus BioSciences Inc. (Fed. Cir. 2019)

Last month, in Amgen Inc. v. Coherus BioSciences Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of Delaware dismissing a complaint filed by Amgen Inc. and Amgen Manufacturing Ltd....more

IPO Releases List of Top 300 Patent Holders for 2018 - Life Sciences Top 49

Last month, the Intellectual Property Owners Association (IPO) announced the release of its 36th annual list of the top 300 organizations receiving U.S. utility patents (see "Top 300 Organizations Granted U.S. Patents in...more

Athena Diagnostics v. Mayo Collaborative Services -- The Dissents

On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc.,...more

Athena Diagnostics v. Mayo Collaborative Services -- The Concurrences

On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc.,...more

Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (Fed. Cir. July 2019)

Last week, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc.,...more

USPTO Disables PKI Authentication for EFS-Web and Private PAIR

In a Patent Alert e-mail distributed on July 2, 2019, the U.S. Patent and Trademark Office announced that PKI authentication for EFS-Web and Private PAIR has been permanently disabled.  The Office had previously announced in...more

USPTO to Accept New Applications to Ongoing IP5 CS&E Pilot

In a Patent Alert e-mail distributed last week, the U.S. Patent and Trademark Office announced that beginning July 1, 2019, the Office would once again be accepting new International applications to the IP5 Patent Cooperation...more

U.S. Water Services, Inc. v. Novozymes A/S (Fed. Cir. 2019)

Earlier this year, in U.S. Water Services, Inc. v. Novozymes A/S, the Federal Circuit reversed a decision by the U.S. District Court for the Western District of Wisconsin, partially granting judgment as a matter of law in...more

Intellectual Ventures II, LLC v. Sprint Spectrum, L.P. (E.D. Tex. 2019)

In April, in Intellectual Ventures II, LLC v. Sprint Spectrum, L.P., U.S. Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District of Texas issued a Report and Recommendation that Defendants' Motion...more

Xlear, Inc. v. STS Health, LLC (D. Utah 2019)

In April, in Xlear, Inc. v. STS Health, LLC, District Judge David Nuffer of the U.S. District Court for the District of Utah denied a motion for summary judgment filed by Defendant STS Health, LLC, finding that the asserted...more

Tangelo IP, LLC v. Tupperware Brands Corp. (D. Del. 2019)

Last week, in Tangelo IP, LLC v. Tupperware Brands Corp., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion for exceptional case filed by Defendant Tupperware Brands...more

USPTO Issues Notice on Impact of Federal Circuit's Supernus Decision on PTA Procedures

In January, the Federal Circuit determined in Supernus Pharmaceuticals, Inc. v. Iancu that the U.S. Patent and Trademark Office had erred in calculating the Patent Term Adjustment for Supernus' U.S. Patent No. 8,747,897.  In...more

USPTO Seeks Information on Participation of Women, Minorities, and Veterans in Patent System

In a notice published in the Federal Register (84 Fed. Reg. 17809) on April 26, the U.S. Patent and Trademark Office invited the public to provide comments and attend public hearings on the participation of women, minorities,...more

Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc. (D. Del. 2019)

Last month, in Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion to dismiss and/or strike filed by Defendant 10X...more

Neptune Generics, LLC v. Eli Lilly & Co. (Fed. Cir. 2019)

Last week, in Neptune Generics, LLC v. Eli Lilly & Co., the Federal Circuit affirmed a determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review that claims 1-22 of U.S....more

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