Key Takeaways:
- The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO.
- The...more
6/24/2025
/ Appeals ,
Claim Construction ,
EU ,
European Patent Convention ,
European Patent Office ,
Patents ,
Pharmaceutical Patents ,
Statutory Interpretation ,
The Enlarged Board of Appeals ,
UK ,
Unified Patent Court ,
USPTO
On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of...more
In December 2021, patent practice was upended by four related United States Patent and Trademark Office (USPTO) Patent Trial & Appeal Board (PTAB) decisions holding that patents subject to statutory Patent Term Adjustment...more
What Congress has guaranteed, the courts have taken away -
The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more
5/16/2024
/ Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Inventions ,
Obviousness-Type Double Patenting (ODP) ,
Patent Term Adjustment ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
SCOTUS ,
USPTO
The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration’s (FDA) publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the...more
5/13/2024
/ Competition ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
FTC Act ,
Generic Drugs ,
Healthcare ,
Life Sciences ,
Orange Book ,
Patents ,
Pharmaceutical Patents ,
Section 5
On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug...more
The judicially-derived patent-law doctrine of “assignor estoppel” prevents an inventor from assigning a patent to another for value and then later arguing in litigation that the patent is invalid. In Minerva Surgical Inc. v....more