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"Secret Sale" of Drug Counts as Prior Art in Patent Battle

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019)....more

Secret Sales May Qualify as Prior Art Under Section 102(a) of the America Invents Act

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019). ...more

USPTO Changes Claim Construction Standard Used In AIA Trial Proceedings

On October 10, 2018, the United States Patent & Trademark Office (USPTO) published a final rule that changes the current “broadest reasonable interpretation” or BRI standard used in inter partes review (IPR), post grant...more

Inter Partes Review Proceedings Survive, But Their Implementation Will Change

In a pair of decisions, the U.S. Supreme Court upheld the constitutionality of the inter partes review (IPR) process created by the America Invents Act but required the U.S. Patent & Trademark Office (USPTO) to make a...more

Federal Circuit Overrules Prior Decision, Holding Time-Bar Determinations Under § 315(b) Reviewable

Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946 (Fed. Cir., issued Jan. 8, 2018) - The U.S. Court of Appeals for the Federal Circuit, sitting en banc, held for the first time that time-bar determinations in...more

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