The most recent IPR statistics have shown a sharp increase in the number of settlements, both before and after institution decisions.
What is most remarkable is the huge spike in settlements prior to institution. In...more
Newly released statistics (2015-06-30 PTAB Statistics) from the USPTO reveal that the number of bio/pharma IPR challenges almost doubled in 2015, even though fiscal year 2015 still has three months to go. Last year, there...more
Although Inter Partes Review (IPR) is limited to grounds of unpatentability based upon prior art references, it is nevertheless possible to raise issues of written description or enablement by applying intervening prior art...more
On May 28, 2015, the Federal Trade Commission (FTC) announced the settlement of its 2008 lawsuit against Cephalon, Inc. (now owned by Teva Pharmaceutical Industries, Ltd.), which alleged that Cephalon had made “reverse...more
6/2/2015
/ Abbreviated New Drug Application (ANDA) ,
Cephalon ,
Disgorgement ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Settlement ,
Teva Pharmaceuticals
Today in In re Cuozzo Speed Technologies, LLC, No. 14-1301, a majority (Judges Dyk and Clevenger) affirmed the Patent Trial and Appeal Board’s (PTAB) decision to deem certain claims of a speed limit indicator patent...more
Rapid changes resulting from personalized medicine, including the ability to use individual patient biomarker data to generate a tailored treatment, are transforming healthcare. New business structures are evolving in the...more
Some of the most commercially successful products to arise out of nanotechnology in terms of sheer size of revenues generated are nanotech drug formulations. This area continues to be hot in the wake of two recent deals, both...more
The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and...more
The NNI has just released its 2014 draft Strategic Plan for public comment. Aside from the opportunity to submit comments, becoming familiar with the plan offers a number of benefits to nanotech ventures. One is that it...more
On November 13, 2013, the U.S. Patent Trial and Appeal Board (PTAB) issued its first final decision in an inter partes review (IPR) proceeding brought by Garmin under the new administrative procedures established by the...more
At a recent nanotech conference hosted by the NanoBusiness Commercialization Association, we received an update on nanotech patent trends from Jerry Lorengo, a Group Director with the US Patent Office. Jerry provided a great...more
Today the Supreme Court rendered its decision in the landmark Myriad case, holding that naturally occurring DNA segments are not patentable, but synthetic DNA segments are patent eligible based on the patent eligibility...more
Today the USPTO issued guidance (PTO_Myriad_Guidelines) to Examiners on how to apply the Myriad Supreme Court decision to applications under examination. The guidance states that claims drawn “solely to naturally occurring...more
6/17/2013
The short answer is that a company or individual who already is qualified as a small entity (which entitles you to 50% off U.S. patent filing costs) may also qualify under the final rules issued by the Patent Office for...more
Our firm recently launched its Legal Innovation HubSM for NextGen Manufacturers, a major firm-wide initiative to provide access to customized service for companies operating in this area. Nanotechnology is a major contributor...more
6/12/2013
This year’s Lemelson-MIT Prize, which rewards inventors who improve the world through technological invention, has gone to pioneering nanotech scientist Angela Belcher. Dr. Belcher was inspired during her graduate work by the...more
In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the...more
Though the first nanoparticulate drug formulation was approved by the U.S. FDA way back in 1995, a recent flurry of deals and product approvals have shown increasingly high valuations for nanomedicine companies....more
On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent...more