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A New Manual of Patent Examining Procedure (MPEP) is Available / So is A Revised Chapter 2000 For Duty of Disclosure

A New Manual of Patent Examining Procedure (MPEP), the ninth edition, Revision 08.2017, was made electronically available on January 25, 2018...more

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

by Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

Federal Judge Rules Virtual Currencies Are Commodities Under the Commodity Exchange Act

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the...more

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). ...more

Tribal Sovereign Immunity a No-go in Allergan IPR

by Workman Nydegger on

The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) recently rejected the sovereign immunity claim asserted in the inter partes review (IPR) proceedings between Mylan...more

CAFC Rule 36 Judgement: 24 Hour Affirmance with No Explanation

Nothing hurts worse than a Rule 36 (single page, single sentence affirmance of the decision below) after years of work and millions of dollars spent on a case. Rule 36 makes rehearing, en banc review, and/or cert petitions a...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

by Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

Court Grants Rehearing In Light Of Wi-Fi One

by Jones Day on

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

Federal Circuit Review - January 2018

by Knobbe Martens on

Where Parties Raise an Actual Dispute Regarding Claim Scope, the Court Must Resolve It In Nobelbiz, Inc. v. Global Connect, L.L.C., Appeal Nos. 2016-1104, 2016-1105, the Federal Circuit held that where parties raise an actual...more

Changes Ahead for the PTAB in 2018

2018 promises to be an important year for the Patent Trial and Appeal Board. Many in the patent bar will wait with bated breath for the U.S. Supreme Court to determine the future of the PTAB’s trial jurisdiction in Oil...more

Rx IP Update - January 2018

by Smart & Biggar on

Apotex granted damages from contract research organization for delayed FDA approval of two products - Appeal of summary dismissal under PMNOC Regulations: dismissal order stayed...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an...more

California Environmental Law & Policy Update - January 2018 #4

by Allen Matkins on

Focus - Supreme Court rules that WOTUS rule challenges should be heard by federal district courts - The Hill - Jan 22 The Supreme Court unanimously ruled Monday that cases litigating the validity of an Obama-era...more

New Class Action Against FAA

The Federal Aviation Administration (FAA) was served with an 836,796-person lawsuit last week alleging wrongful collection of personal data and money under unmanned aerial system (UAS or drone) regulations....more

PTAB Revokes Filing Privileges For Repeated Rules Violations

by Jones Day on

In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc. Those petitions challenged six patents that, at the time the petitions were filed, belonged...more

PTAB Strategies and Insights - January 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

by Baker Ober Health Law on

A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program...more

PTAB Designates Informative Decisions on Timeliness of IPR Petitions

by Knobbe Martens on

In wake of the Federal Circuit’s Wi-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under § 315(b). This statute provides that an IPR may not be instituted...more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

Monsanto Technology LLC v. E.I. Dupont De Nemours

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Reyna, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: Extrinsic evidence can be used to find that an allegedly anticipating reference necessarily includes...more

Does EPA Have a Non-discretionary Duty To Make a Statute Work?

If this Administration’s first year has taught us anything, it is that determining when EPA has an affirmative duty to act is going to be very important over the remaining 3 (or 7!) years of the Trump presidency. That was...more

Rx IP Update - December 2017

by Smart & Biggar on

PMPRB News - PMPRB releases scoping paper relating to proposed amended Regulations - As previously reported, on December 2, 2017, Canada’s Governor-in-Council published proposed Regulations Amending the Patented...more

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