On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB)....more
11/1/2018
/ America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Covered Business Method Proceedings ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Phillips Standard ,
Post-Grant Review ,
Prior Art ,
USPTO
The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more
9/4/2018
/ Administrative Procedure ,
Administrative Proceedings ,
America Invents Act ,
Cross Examination ,
Expert Testimony ,
Motion to Exclude ,
Motion To Strike ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Trial Practice Guidance ,
USPTO
The United States Patent and Trademark Office (USPTO) recently issued a memo providing examination guidance on the subject matter eligibility of the method of treatment claims. The memo discussed the recent Federal Circuit...more
7/11/2018
/ Appeals ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Method Claims ,
New Guidance ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Section 101 ,
Treatment Method Patents ,
USPTO
A new infertility technique, mitochondrial replacement therapy (MRT), has been used to create so called “three-parent” babies. MRT is used in cases when mothers carry genes for mitochondrial diseases. Similar to in vitro...more
The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more
3/22/2018
/ Administrative Procedure ,
Amended Rules ,
Appeals ,
CLS Bank v Alice Corp ,
Duty to Disclose ,
Examination Manual ,
Mayo v. Prometheus ,
Method Claims ,
MPEP ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Product of Nature Doctrine ,
Rules of Practice ,
USPTO
The U.S. Patent and Trademark Office (“USPTO”) quietly increased the examiners’ arsenal by slipping a new rejection into the latest revision of the Manual of Patent Examining Procedure (“MPEP”) released last month. One of the...more
The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases, transferring one case and ordering further...more
10/6/2017
/ Abbreviated New Drug Application (ANDA) ,
Bristol-Myers Squibb ,
Hatch-Waxman ,
Judge Stark ,
Patent Infringement ,
Patents ,
Personal Jurisdiction ,
Physical Presence Test ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Venue
MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC -
(Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) -
This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought FDA...more
The U.S. Food and Drug Administration (FDA) recently approved Keytruda (pembrolizumab) for treatment of patients whose cancers have a specific genetic feature (biomarker). The FDA has traditionally approved cancer treatments...more
Every year, the FDA’s Center for Drug Evaluation and Research (CDER) approves new medications. Some medications are variations of existing products, such as generic formulations or new dosage forms of previously-approved...more
On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. ...more
11/3/2016
/ Appeals ,
Assignor Estoppel ,
Covered Business Method Patents ,
Cuozzo Speed Technologies v Lee ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Jurisdiction ,
Medtronic ,
Non-Appealable Decisions ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pleading Standards ,
Popular ,
Real Party in Interest ,
Time-Barred Claims
During its August Patent Quality Chat, the USPTO discussed the recently launched Patent Prosecution Pilot Program (P3). The P3 program is a hybrid of the After-final Consideration Pilot (AFCP 2.0), which has been available...more