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