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Administrative Agency Science, Computers & Technology Civil Procedure

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Bradley Arant Boult Cummings LLP

Detecting Disease Is Not a “Tangible and Useful Result” Eligible for Patenting

The federal appeals court with jurisdiction over questions of patent law has consistently held that methods of diagnosing a disease or other biological condition violate the Supreme Court’s ban on patenting “natural...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019 #2

PATENT CASE OF THE WEEK - Genetic Veterinary Sciences, Inc. v. LABOKLIN GMBH & Co. KG, Appeal No. 2018-2056 (Fed. Cir. Aug. 9, 2019) - Our case of the week features a foreign University sued for declaratory judgment...more

Jones Day

August Boardside Chat Recap Regarding Trial Practice Guide Update

by Jones Day on

On August 8, 2019, the Patent Trial Appeal Board held a Boardside Chat webinar to discuss the July 2019 changes to the AIA Trial Practice Guide. Vice Chief Administrative Judges Michael Tierney and Tim Fink led the discussion...more

Jones Day

PTAB Designates Three Decisions On Discretion To Institute Review

by Jones Day on

The PTAB recently designated two decisions as precedential and one decision as informative on discretion to institute review. Becton, Dickinson and Company v. B. Braun Melsungen AG, Case IPR2017-01586 (PTAB Dec. 15, 2017)...more

Jones Day

Reexamination Stayed Pending IPR

by Jones Day on

Reexamination can be stayed pending IPR proceedings for good cause shown. The PTAB recently found good cause for a stay had been established when the reexamination proceedings and IPR proceedings had only a single claim in...more

Eversheds Sutherland (US) LLP

Third time’s not the charm - New York Tribunal rejects market-based sourcing

The New York State Tax Appeals Tribunal held that a taxpayer was required, for years before 2015, to apportion its receipts based on the location of the work that generated its receipts, and not based on the location of its...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019

PATENT CASE OF THE WEEK - Celgene Corporation v. Laura A. Peter, Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) - In this week’s Case of the Week, the Federal Circuit held that the retroactive...more

Jones Day

Should § 101 Legislation Include An Extension Or Revamp Of The CBM Program?

by Jones Day on

Is the little-used CBM patent review program the key to passage of § 101 legislation? Congress is currently considering legislation to drastically alter the patent eligibility statute, 35 U.S.C. § 101. The unabashed...more

Knobbe Martens

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

by Knobbe Martens on

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

Jones Day

ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds

by Jones Day on

While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward. But a recent Initial Determination by ALJ...more

Womble Bond Dickinson

The Uncertain Future of Patent Eligibility

by Womble Bond Dickinson on

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result...more

Jones Day

Patent Owner in Standard-Essential Patent Pool Has Standing to Appeal

by Jones Day on

Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding video data. The...more

Pepper Hamilton LLP

Inter Partes Review of Pre-AIA Patents is Constitutional

by Pepper Hamilton LLP on

Celgene Corp. v. Peter, Appeal Nos. 2018-1167, -1168, -1169 (Fed. Cir. July 30, 2019) - Celgene owned two patents that pertained to methods of safely distributing potentially hazardous drugs.  The patents were challenged...more

McDermott Will & Emery

Late Identification of Real-Party-in-Interest Permitted Even Where It Would Otherwise Create Time-Bar

by McDermott Will & Emery on

Addressing whether the Patent Trial and Appeal Board (PTAB) is permitted to excuse an inter partes review (IPR) petitioner’s late identification of additional real-parties-in-interest (RPIs), the US Court of Appeals for the...more

McDermott Will & Emery

Pre-Institution Merger Creates Time Bar Under § 315(b)

by McDermott Will & Emery on

Addressing for the first time whether real-parties-in-interest (RPIs) are evaluated at the time a petition is filed or at the time of institution for purposes of § 315(b), the US Court of Appeals for the Federal Circuit held...more

White & Case LLP

Design patents: a growing trend in the hardware space

by White & Case LLP on

Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

McDermott Will & Emery

Game Over: Obviousness Can Be Based on a Single Prior Art Reference

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that obviousness can be based on a single prior art reference if modifying that prior art reference...more

Jones Day

Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder

by Jones Day on

Our prior post on the PTAB’s second update to the AIA Trial Practice Guide (TPG), published July 15, 2019, highlighted the additional guidance provided for petitions, patent owner preliminary responses and claim construction....more

White & Case LLP

Managing economic and social change toward a sustainable future: A new era for US patents

by White & Case LLP on

How has President Trump's "America First" philosophy affected US patent policy? White & Case partners discussed what an evolving US patent policy will mean for other nations, and to propose effective responses....more

Jones Day

Live Testimony Remains Important in ITC Investigations

by Jones Day on

When parties jointly stipulate to witness statements rather than live direct and cross examination, one might expect the ITC to be receptive to their agreement—after all, such stipulations may save time and resources for...more

Jones Day

Trial Practice Guide Updates – Multiple Petitions, Claim Construction, and PO Testimonial Evidence

by Jones Day on

On July 15, 2019, the USPTO’s Patent Trial and Appeal Board (PTAB) published a second update to the AIA Trial Practice Guide (TPG) (“2nd Update”), providing additional guidance for trial practice before the Board. The...more

Jones Day

Precedential PTAB Order Addresses Witness Examination

by Jones Day on

The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Finds Good Cause for Staying Ex Parte Reexamination in Light of Parallel IPR

A panel at the Patent Trial and Appeal Board (PTAB) recently considered whether to stay an ex parte reexamination proceeding where the patent was also the subject of a parallel inter partes review (IPR). On September 11...more

Knobbe Martens

Prior Art Must Be Publicly Accessible, Not Actually Accessed

by Knobbe Martens on

SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: A reference must be publicly accessible, not actually accessed, before...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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