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Life Sciences Post-Chevron: Navigating the Range of Legal and Regulatory Challenges Raised by Loper Bright

The US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, which overrules the longstanding Chevron doctrine that required federal courts to defer to administrative...more

Impact on IP Law in the Wake of US Supreme Court’s Decision

The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc....more

US Patent Office ARP Affirms the Use of Means-Plus-Function Limitations to Claim Antibodies

In the recent decision Ex parte Chamberlain, Appeal 22-1944 (Xencor), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. Its decision...more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

2020 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more

PTAB Provides Guidance on Denials of Petitions for Inter Partes Review

The Patent Trial and Appeal Board recently designated two decisions as precedential and a third as informative in cases where the PTAB considered whether to exercise 35 USC § 325(d) discretion to deny petitions where the same...more

2019 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

As of 2019, post-grant proceedings have been in use for seven years. Designed as an alternative to district court litigation, post-grant proceedings have offered litigants a faster and more cost-effective forum for resolving...more

Administrative Patent Judges Are Safe for Now, but Will Scores of PTAB Decisions Get a Do-Over?

The US Court of Appeals for the Federal Circuit recently held that the statutory scheme governing the administrative patent judges of the Patent Trial and Appeal Board is in violation of the Appointments Clause of the US...more

Precedential PTAB Decision Holds Inter Partes Review Challengers Can Join Own Petitions

A panel of the US Patent Trial and Appeal Board has identified “limited circumstances” in which a patent challenger can join its own inter partes review petition to add new issues. Parties seeking to join their own petitions...more

Federal Circuit Holds Vanda’s Method of Treatment Claims Pass Mayo/Alice’s Step One

In a much-anticipated decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., the US Court of Appeals for the Federal Circuit on April 13 affirmed the district court’s holding that Vanda’s...more

Supreme Court Considers Constitutional Challenge to Inter Partes Review

The Court recently heard arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on whether inter partes review—an adversarial process used by the US Patent and Trademark Office to determine the...more

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

MA Supreme Court Issues Highly Anticipated Patent Ethics Decision

Simultaneous representation by a law firm in the prosecution of patents for two clients for similar inventions is not a per se violation of the Massachusetts Rules of Professional Conduct. On December 23, in Chris E....more

Supreme Court Alters Claim Construction Review Standard in Patent Litigation

The Court creates a hybrid standard of review. On January 20, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the U.S. Supreme Court altered the U.S. Court of Appeals for the Federal Circuit’s longstanding de novo...more

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