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Without Concrete Evidence of Potential Infringement Liability, Petitioner Lacked Standing to Challenge PTAB’s Final Written...

The Federal Circuit dismissed an appeal from an inter partes review (“IPR”) final written decision for lack of standing where it found the appellant failed to provide evidence sufficient to show it suffered an injury in fact....more

Generic Drug Developer Lacks Standing to Appeal Adverse IPR Ruling

The Federal Circuit recently held a generic drug developer lacked Article III standing to appeal an adverse patentability determination by the Patent Trial and Appeal Board (PTAB) because it failed to prove that it suffered...more

District Court Must Consider Joining Patent Owner Prior to Dismissal Where Licensee Lacks Substantial Rights to Bring Suit, but...

The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed to consider joining the patent owner before dismissing a case in which the licensee possessed...more

Federal Circuit Decision Clarifies When an ANDA Filer May Appeal an Adverse IPR Ruling

In Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH, generic drug manufacturer Amerigen appealed a decision of the Patent Trial & Appeal Board finding UCB’s patent to certain chemical derivatives of diphenylpropylamines...more

A Claimed Parameter Range That Overlaps with Ranges in the Prior Art Creates a Burden-Shifting and Rebuttable Presumption of...

The Federal Circuit has reversed a decision by the Patent Trial and Appeal Board (PTAB) that certain claims of U.S. Patent No. 8,865,921 (the “’921 Patent”) were not shown to be obvious, finding that the PTAB applied the...more

Federal Circuit Dismisses IPR Petitioner’s Appeal of Final Written Decision for Lack of Standing

Earlier this month, the Federal Circuit dismissed for lack of standing an appeal filed by an inter partes review (IPR) petitioner of a final written decision issued by the Patent Trial and Appeal Board (PTAB) that held two...more

IP Newsflash - October 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reversed a District Court’s Grant of Summary Judgment for Lack of Standing in an Inventorship Dispute - On October 2, 2015, the Federal Circuit reversed a district court’s...more

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