Recently in Nobel Biocare Services AG v. Instradent USA, Inc., the Federal Circuit affirmed a decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”)...more
9/26/2018
/ Accessibility Rules ,
America Invents Act ,
Burden of Proof ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patents ,
Preponderance of the Evidence ,
Printed Publications ,
Prior Art ,
Section 102 ,
Trade Shows ,
USPTO
On May 14, 2018, the United States Court of Appeals for the Federal Circuit, In re: ZTE (USA) Inc., No. 2018-113, held that Federal circuit law governs the burden of proof for venue challenges under 28 U.S.C. § 1400(b) and...more
The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act...more
5/9/2018
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Comment Period ,
International Trade Commission (ITC) ,
Judicial Review ,
Patent Trial and Appeal Board ,
Patents ,
Proposed Rules ,
Standard of Review ,
USPTO
In a precedential opinion issued on October 11, 2017, the United States Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“PTAB”) finding of non-obviousness where the prior art taught...more
On September 6, 2017, an expanded panel of the Patent Trial and Appeal Board issued an “informative” decision in General Plastic Industrial Co., Ltd, v. Canon Kabushiki Kaisha setting forth the Board’s framework for analyzing...more
In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., the Federal Circuit reminded the PTAB that it must abide by the APA’s requirements of adequate notice and an opportunity to respond when conducting a post-grant...more
6/29/2017
/ Administrative Procedure Act ,
America Invents Act ,
Appeals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Notice Requirements ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Reversal
On May 10, 2017 and following a Patent Trial and Appeal Board (PTAB) reexamination decision upholding certain claims, the United States Court of Appeals for the Federal Circuit ruled in Cisco Systems, Inc. v. Cirrex Systems,...more
On March 14, 2017, the United States Court of Appeals for the Federal Circuit clarified, in a precedential opinion, that an anticipating reference must supply all of the claim elements, regardless of what a person of skill in...more
On March 3, 2017, the United States Court of Appeals for the Federal Circuit reaffirmed, in a precedential opinion, that prosecution disclaimers may only limit the scope of a claim where the disclaimer is “both clear and...more
When the Patent Trial and Appeal Board issues a final written decision finding against an IPR Petitioner, can that Petitioner necessarily appeal that adverse decision? In a case of first impression, the Federal Circuit...more
Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more
10/13/2016
/ CAFC ,
CBS ,
Federal Rule 12(b)(6) ,
Joint Infringement ,
Limelight v Akamai ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Television Broadcast Stations ,
Twombly/Iqbal Pleading Standard
On December 17, 2015, the Federal Circuit issued a precedential decision affirming a determination by the Patent Trial and Appeal Board (“PTAB”) that patent claims related to methods of treating elevated homocysteine levels...more
On March 12, the United States District Court for the Southern District of Indiana joined the District of Delaware and Eastern District of Texas as the first courts to consider a generic drug manufacturer’s motion to dismiss...more
3/18/2015
/ Abbreviated New Drug Application (ANDA) ,
DaimlerChrysler v Bauman ,
Forum ,
Generic Drugs ,
Hatch-Waxman ,
Minimum Contacts ,
Motion to Dismiss ,
Patent Infringement ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
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