Biodelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc., Appeal Nos. 2019-1643, -1644, -1645 (Fed. Cir., January 13, 2020) -
On August 29, 2019, we reported on the Biodelivery decision, where the PTAB received on...more
On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more
1/14/2020
/ Abstract Ideas ,
Computer-Related Inventions ,
Denial of Certiorari ,
Diagnostic Method ,
Hewlett-Packard ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Post-Grant Review ,
SCOTUS ,
Section 101
Fox Factory, Inc. v. SRAM, LLC, Appeal Nos. 2018-2024, -2025 (Fed. Cir. December 18, 2019).
SRAM owned two patents pertaining to bicycle chainrings, which are toothed disks that engage bicycle chains. Fox filed inter...more
Laura Peter, Deputy Director, Patent and Trademark Office v. NantKwest, Inc., No. 18-801 (December 11, 2019) -
Yesterday, the Supreme Court overruled a recent interpretation of 35 USC §145 by the U.S. Patent and Trademark...more
12/12/2019
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Attorney's Fees ,
Fee-Shifting ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Patent Trial and Appeal Board ,
Patents ,
Statutory Interpretation ,
USPTO
The America Invents Act (AIA) ushered in an era of Patent Office trials to adjudicate the validity of issued patents. The AIA, however, created an additional, lesser used, avenue to address patent validity. This procedure is...more
Customedia Tech., LLC v. Dish Network Corp.., Appeal Nos. 2018-2239, -2240, -2310, 2019-1000, -1001, -1002, -1027 and -1029 (Fed. Cir., Nov. 1, 2019).
The day after the Federal Circuit issued its decision in Arthrex, Inc....more
Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., October 31, 2019) -
Since the inception of inter partes review at the Patent Trial and Appeals Board (PTAB), there have been a number of...more
11/4/2019
/ Administrative Patent Judges ,
Administrative Proceedings ,
Appointments Clause ,
Article II ,
Confirmation Proceedings ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Power of Appointment ,
Principle Officers ,
Remand ,
Secretary of Commerce ,
Senate Confirmation Hearings ,
Statutory Interpretation ,
Vacated
On October 17, 2019, the U.S. Patent and Trademark Office issued a 22-page updated guidance document on subject matter eligibility under 35 USC §101. Subject matter eligibility is becoming increasingly important in the...more
Honeywell Int’l v. Arkema, Inc., Appeal No. 2018-1151, -1153 (Fed. Cir., October 1, 2019) -
Arkema filed two petitions for post-grant review of a Honeywell patent pertaining to fluoroalkene compounds used in refrigerator...more
Biodelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Appeal Nos. 2019-1643, -1644, -1645 (Fed. Cir. August 29, 2019) -
On motion, the Federal Circuit dismissed the second appeals in three IPRs pertaining to oral...more
GoPro, Inc. v. 360Heros, Inc., IPR2018-01754 (Precedential Opinion Panel, August 23, 2019) -
Section 315(b) of Title 35 prohibits institution of an IPR where the petition is filed more than one year after service of a...more
MTD Products Inc. v. Iancu, Appeal No. 2017-2292 (Fed. Cir. August 12, 2019) -
MTD had a patent for steering and driving systems for zero turn radius vehicles, such as lawn mowers. The patent was challenged in IPR, where...more
Celgene Corp. v. Peter, Appeal Nos. 2018-1167, -1168, -1169 (Fed. Cir. July 30, 2019) -
Celgene owned two patents that pertained to methods of safely distributing potentially hazardous drugs. The patents were challenged...more
8/1/2019
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Constitutional Challenges ,
Fifth Amendment ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Retroactive Application
July of 2019 has been an active month for the Patent Trial and Appeal Board (PTAB). The PTAB issued a Trial Practice Guide Update that addresses: The July 2019 Update can be accessed on the PTAB website....more
Cited Statutory Sections: 101 and 103 -
This appeal concerned 10 inter partes reviews (IPRs) filed by petitioners Neptune Generics, Fresenius Kabi USA and Mylan Laboratories against all of the claims of U.S. Patent No....more
A bipartisan group of Senators and Representatives recently released a framework for amending Section 101. The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more
4/25/2019
/ Abstract Ideas ,
Innovation Patent ,
Intellectual Property Protection ,
Legislative Agendas ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Section 101
The Supreme Court earlier this decade issued several decisions concerning patent eligibility under 35 U.S.C. § 101. These decisions have resulted in the invalidation of patents over concerns that the patents cover and preempt...more
The Federal Circuit just issued a decision that confirms its stance on Article III standing for appeals from inter partes reviews (IPRs), making it tougher for unsuccessful IPR petitioners to obtain judicial review of U.S....more
2/8/2019
/ Appeals ,
Article III ,
Biosimilars ,
Bristol-Myers Squibb ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Momenta ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standing ,
USPTO
The Federal Circuit recently issued a pair of decisions concerning the Gilead doctrine, which allowed later-issuing patents to be obviousness-type double patenting (ODP) references against earlier-issuing patents....more
12/11/2018
/ Double Patent ,
Gilead Sciences ,
Intellectual Property Protection ,
Obviousness ,
Patent Applications ,
Patent Expiration ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents