Patent drafters are rightfully weary of preparing a patent specification that will be construed as limiting years later during litigation. Therefore, drafters typically write in a non-limiting way, for example, liberally...more
The US Patent and Trademark Office (USPTO) implemented a new pilot program on March 15, 2019 concerning motion-to-amend practice in America Invents Act (AIA) trials, including post-grant review (PGR), inter partes review...more
Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent...more
In Re Stepan Company , No. 2016-1811 (Fed. Cir. Aug. 25, 2017) -
The Federal Circuit vacated a Patent Trial and Appeal Board’s obviousness decision for failing to adequately articulate its reasoning. The Stepan Company...more
Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) -
On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of...more