Addressing secondary considerations of non-obviousness, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that skepticism does not need to be...more
The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more
4/3/2019
/ Amended Complaints ,
Appeals ,
Dismissals ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
Inventors ,
Judicial Notice ,
Leave to Amend ,
Misappropriation ,
Motion to Amend ,
Motion to Dismiss ,
Non-Disclosure Agreement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Public Information ,
Time-Barred Claims ,
Trade Secrets
The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment (PTA) for a patent covering an oral osmotic form of an antihypertensive drug,...more
2/28/2019
/ Chevron Deference ,
European Patent Office ,
Failure to Prosecute ,
Information Disclosure Statement ,
Intellectual Property Litigation ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Litigation ,
Patent Oppositions ,
Patent Term Adjustment ,
Patent Terms ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Request for Continued Examination ,
Reversal ,
Statutory Interpretation ,
Summary Judgment ,
USPTO
The US Court of Appeals for the Federal Circuit affirmed a decision that a patent challenger at the Patent Trial and Appeal Board (PTAB) must prove invalidity by a preponderance of evidence and must establish anticipation...more