On June 6, 2025, the acting Director of the U.S. Patent and Trademark Office (USPTO), Coke Morgan Stewart, issued a decision in iRhythm Technologies v. Welch Allyn, Inc.1 that initiates a new basis for discretionary denial...more
The CRISPR-Cas9 patent landscape remains complex and unsettled. The Federal Circuit’s latest decision in University of California v. Broad Institute1 revived the high-stakes dispute between UC2 and Broad3 over foundational...more
Wilson Sonsini Goodrich & Rosati is pleased to present our 2024 PTAB Year in Review.
We begin with a review of 2024 petition filings and outcomes at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and...more
This latest edition features an interview with retiring longtime Wilson Sonsini IP partner Vern Norviel and articles on MedTech and pharma trends for 2025, the eligibility of life sciences companies for qualified small...more
The PTAB Review begins by exploring collateral estoppel from unpatentability determinations in inter partes review (IPR) proceedings. Next, it summarizes recent developments at the U.S. Patent and Trademark Office relevant to...more
In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...more
This issue of The PTAB Review begins by providing an analysis of how institution decisions consider declaration testimony submitted by a patent owner. Next, it summarizes proposed rulemaking from the United States Patent and...more
Last week, the U.S. Supreme Court decided two important administrative law cases that are expected to increase judicial authority over agency adjudications and rulemaking. In Securities & Exchange Commission v....more
On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the...more
This issue of The PTAB Review begins by summarizing a recent Patent Trial and Appeal Board (PTAB) decision strictly applying the public availability standard for prior art references as a basis for denying institution. Next,...more
Wilson Sonsini Goodrich & Rosati is pleased to present our 2023 PTAB Year in Review.
We begin with a review of 2023 petition filings and outcomes at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and...more
This issue features articles on the firm’s Business Advisory Practice supporting Nervosave Therapeutics’ U.S. expansion; the USPTO’s forthcoming guidance on AI innovation protection; option pool sizes for life sciences...more
On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and...more
In this edition, we begin with a discussion of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Next, we summarize several recent Federal Circuit decisions addressing various aspects of PTAB...more
This issue begins with a summary of several Patent Trial and Appeal Board (PTAB) policy questions the U.S. Patent and Trademark Office (USPTO) has raised in an advance notice of proposed rulemaking. Next, we examine two...more
On February 24, 2023, the Federal Circuit held that Jazz Pharmaceuticals, Inc. (Jazz) must delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the U.S. Food and Drug Administration’s (FDA’s) “Orange Book” because the...more
This issue of The PTAB Review begins with a brief update about the U.S. Patent & Trademark Office (USPTO) Guidelines for when institution of an America Invents Act (AIA) trial (e.g., inter partes review or post-grant review)...more
This issue of The PTAB Review begins with two brief updates about the power of the Patent Office Director to review Patent Trial and Appeal Board (PTAB) decisions. Next, we examine a special circumstance under which a patent...more
This issue of The PTAB Review begins with a brief summary of changes to America Invents Act (AIA) trials recently proposed in Congress. It then explores a recent Federal Circuit decision rejecting arguments that the Patent...more
On July 28, 2021, the U.S. Food and Drug Administration (FDA) announced a landmark approval of Viatris Inc.’s Semglee® as the first interchangeable biosimilar product. Semglee® (insulin glargine-yfgn), indicated to control...more
On July 9, 2021, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on behalf of Senators Tillis, Hirono, Cotton, and Coons seeking public input for a patent eligibility...more
This issue of The PTAB Review begins with a brief summary of the U.S. Supreme Court’s most recent pronouncement about America Invents Act (AIA) reviews. It then provides an update on the Patent Trial and Appeal Board’s...more
7/2/2021
/ Administrative Patent Judges ,
Apple ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Corporate Counsel ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
Earlier today, the U.S. Supreme Court decided the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were not constitutionally appointed, and that the patent owner, Arthrex, Inc., is entitled to a...more
6/23/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
In this edition, we examine the effect of Fintiv on PTAB proceedings dealing with patents asserted in so-called “rocket docket” courts. Next, we provide a brief summary of several recent Federal Circuit cases. We conclude by...more
The firm's post-grant practice is pleased to present its 2020 PTAB Year in Review. The publication begins with a review of 2020 petition filings at the Patent Trial and Appeal Board (PTAB) and takes a closer look at the...more