Subject Matter Eligibility Challenges in Post-Grant Proceedings — Patents: Post-Grant Podcast
Neither the fact that a damages expert’s testimony could have been presented more clearly, nor the fact that the methodology could be subject to reasonable disagreement, is a basis to exclude the expert’s testimony....more
The U.S. Court of Appeals for the Federal Circuit once called the remedy for inequitable conduct “the atomic bomb of patent law.” Inequitable conduct is a defense against patent infringement that can render a patent...more
Over the last two years, we have studied the examiner affirmance rates of the Patent Trial and Appeal Board (PTAB) for § 101 rejections. The PTAB is the administrative court of the U.S. Patent and Trademark Office (USPTO)...more
It's not often that we write about pharmaceutical patents on this blog, and even less often that we blog here about PTAB decisions. The former is a function of the Federal Circuit's decision in Vanda Pharmaceuticals Inc. v....more