Latest Publications

Share:

Not So Fast: Maybe America Will Agree to the CPTPP

On April 12th, various news outlets ("fake" and otherwise), as well as several Senators present at the White House, announced that the Trump administration had changed its position on the Trans Pacific Partnership (TPP)...more

4/16/2018  /  CPTPP , Trans-Pacific Partnership

Putting on Your Best Face: Expanded PTAB Panels in IPRs and Other PTO Proceedings

There has been a great deal of angst generated by the practice before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) of expanding panels from the customary three Administrative Patent Judges to...more

Federal Circuit Issues Stay in St. Regis Mohawk Tribe Sovereign Immunity Appeal

The Federal Circuit has granted the St. Regis Mohawk Tribe's motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In the Order,...more

Drug Costs Continue to Rise

Increased drug costs have been a political and economic target for more than the past generation, being one of the motivations for the Hatch-Waxman Act in 1984. Drug costs were a big part of Ross Perot's campaign in 1992,...more

Senators Introduce Bill to Abrogate Tribal Sovereign Immunity

In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe's ownership of patents relating to Allergan's Restasis formulation for treating...more

St. Regis Mohawk Tribe (and Allergan) File Motion to Preclude PTAB Final Written Decision in IPR

The St. Regis Mohawk Tribe and Allergan filed a joint motion late last week before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), arguing that its Notice of Appeal divested the Board of...more

Exergen Corp. v. Kaz USA, Inc. (Fed. Cir. 2018)

The tortured path that the Federal Circuit has taken (a path also trodden by the U.S. Patent and Trademark Office and the district courts) of applying the patent eligibility decisions under Mayo Collaborative Services v....more

Comprehensive and Progressive Agreement for Trans-Pacific Partnership May Differ Significantly from TPP

In the wake of President Trump's decision to withdraw from the Trans-Pacific Partnership, the other countries involved in negotiations (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore,...more

St. Regis Mohawk Tribe and Allergan Appeal Denial of Motion to Dismiss on Sovereign Immunity Grounds

Clearly wishing to maintain the momentum and initiative in its inter partes review proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, the St. Regis Mohawk Tribe and Allergan jointly...more

A Modest Proposal Redux

Motivation is an important factor in any policy-based decision. Understanding motivation -- whether considering legislation, programs by administrative agencies, or judicial decisions -- can go a long way towards creating...more

2/28/2018  /  Patent Litigation , Patents

PTAB Denies St. Regis Mohawk Tribe's Motion to Terminate IPRs based on Sovereign Immunity

In an extensive, 42-page per curiam opinion, the Patent Trial and Appeal Board (PTAB) surprised no one last Friday by denying the St. Regis Mohawk Tribe's motion to terminate several inter partes review proceedings based on...more

Who's in Charge Here? Or Is the PTAB Bound by USPTO Guidances?

In a decision from an appeal before the Patent Trial and Appeal Board following rejection of claims to an isolated nucleic acid apparently (to applicants) falling within the scope of U.S. Patent and Trademark Office Guidance...more

Arthrex, Inc. v. Smith & Nephew, Inc. (Fed. Cir. 2018)

Although having built up a track record for several years and several thousand petitions and "trials," inter partes review proceedings under the Leahy-Smith America Invents Act are still relatively new. As a statute...more

Amicus Briefs Filed in Mohawk Tribe's Motion to Dismiss IPRs

In what everyone (including the Patent Trial and Appeal Board) considers an unprecedented administrative action, the PTAB late last year set our an order (Patent Trial and Appeal Board's Order, 2017 WL 5067421, P.T.A.B. Nov....more

The CRISPR Chronicles -- Broad Institute Wins One and Loses One

The interference between the Broad Institute and the University of California/Berkeley has been in the spotlight over the past year. But there have been other skirmishes between the parties, each of which has recently been...more

Trans-Pacific Partnership Becoming a Reality

One of Donald J. Trump's signature campaign promises was to reject the Trans-Pacific Partnership negotiated by the Obama administration, and true to his word he did just that almost immediately upon being sworn into office. ...more

Advanced Video Technologies LLC v. HTC Corp. (Fed. Cir. 2018)

One of the most important (if not the most important) inquiries in performing due diligence involving acquisition of a patent portfolio is ensuring that the entity asserting ownership of the patents actually has proper title...more

The PTAB Strikes Back -- Issues Order Prohibiting St. Regis Mohawk Tribe from Filing Any Additional Papers in IPR

As previously reported, the St. Regis Mohawk Tribe filed a request for oral hearing that included a "request for discovery into the identity and impartiality of the merits panel assigned to this case." The paper was replete...more

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

My Health, Inc. v. ALR Technologies, Inc. (E.D. Tex. 2017)

Damned if you do . . . Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance . . . but because of some accident of immediate overwhelming interest which appeals to...more

PTAB Decides Patent Infringement Lawsuit Waives Eleventh Amendment Sovereign Immunity to Inter Partes Review

The Patent Trial and Appeal Board was seemingly sufficiently vexed over the question of whether the St. Mohawk Indian Tribe was entitled to have the Board dismiss, on grounds of sovereign immunity, inter partes reviews on...more

More on Venue -- Plexxikon v. Novartis Pharmaceutical Corp. (N.D. Cal. 2017)

The sequel to the original summer blockbuster movie, Jaws, had as a tagline "Just when you thought it was safe to go back in the water." This sentiment can describe much of U.S. patent law over the last decade and a half,...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 4

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine - The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded...more

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Genetic Assessment of Squash Genomes in Related Species

One of the characteristics of autumn is a harvest of vegetables in the squash family, including the ubiquitous pumpkin (equally famous for pumpkin pie and infamous for pumpkin spiced varieties of seemingly any food product). ...more

370 Results
/
View per page
Page: of 15

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.