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Appeals Patents Oral Argument

McDonnell Boehnen Hulbert & Berghoff LLP

Aurobindo v. Merck Sharp and Dohme -- Oral Argument

The Federal Circuit heard oral argument in Auribundo's appeal of the district court's decision in favor of plaintiff Merck, in a case captioned In re Sugammadex (alternatively, Aurobindo v. Merck Sharp and Dohme). The issue...more

Bradley Arant Boult Cummings LLP

Is SCOTUS Looking to Change the Enablement Requirement for Patents?

The Supreme Court is set to hear oral arguments in Amgen, Inc. v. Sanofi (No. 21-757) on Monday, March 27, 2023. The highly contentious question before the high court focuses what an applicant must show to meet the enablement...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - February 2022 #3

Alarm.com Inc. v. Hirshfeld, Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022)- In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - November 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Morrison & Foerster LLP - Federal Circuitry

Will Your Appeal Have Argument Soon?

There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently.  Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Morrison & Foerster LLP - Federal Circuitry

October Oral Argument Recap

Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more

Morrison & Foerster LLP - Federal Circuitry

Orders of Interest Roundup

At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more

Morrison & Foerster LLP - Federal Circuitry

Observations on Cancelled Argument Cases: Appellees Always Win, Right? (Mostly)

Next week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of....more

Goodwin

Federal Circuit Hears Oral Argument in Bevacizumab Preliminary Injunction Appeal

Goodwin on

Today, a panel of the Federal Circuit (Judges Moore, O’Malley, and Hughes) heard oral argument in Genentech v. Amgen. The case is on appeal from the District of Delaware, where the court denied Genentech’s motion for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2019: The Federal Circuit's COVID-19 Response Suggests A New Approach To Oral Argument,...

While the Patent Trial and Appeal Board (PTAB) appears to be fully embracing virtual and remote platforms to continue business as usual during the COVID-19 pandemic, the Federal Circuit has had a mixed response. The Court has...more

Morgan Lewis

Supreme Court PTAB Assessment of One-Year Inter Partes Review Time Bar Is Non-Reviewable

Morgan Lewis on

With this decision, the US Supreme Court again prioritizes giving the US Patent and Trademark Office (PTO) a second chance to review and potentially weed out “bad patents,” over permitting parties the opportunity to challenge...more

Faegre Drinker Biddle & Reath LLP

Following Up after Oral Argument in Thryv, Inc. fka Dex Media Inc. v. Click-to-Call Technologies, LP

On June 24, 2019, the Supreme Court granted the petition for certiorari in Thryv, Inc. fka Dex Media Inc. v. Click-to-Call Technologies, LP on the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and...more

White & Case LLP

Can Late IPR Petitions Be Appealed? Analyzing the Supreme Court's Oral Argument in Thryv, Inc. v. Click-to-Call Technologies

White & Case LLP on

White & Case Technology Newsflash - On December 9, 2019, the Supreme Court heard oral arguments in Thryv, Inc. v. Click-to-Call Technologies, Case No. 18-916. The case involves the proper application of Section 315(b) of the...more

Goodwin

Biosimilar Appellate Roundup: Upcoming Oral Arguments and Decisions

Goodwin on

On December 6, 2019, the Federal Circuit will hear oral argument in a rituximab-related appeal by Biogen.  The appeal stems from a final written decision of the Patent Trial and Appeal Board (PTAB) in an inter partes review...more

McDermott Will & Emery

Dropping Appeal on the Eve of Oral Argument Leads to Preclusion of Another

Addressing the applicability of issue preclusion in inter partes review (IPR) proceedings, the US Court of Appeals for the Federal Circuit found that a patent owner’s arguments on appeal were precluded based on similar...more

Goodwin

Biosimilar Litigation Updates

Goodwin on

Below is an update on recent developments in several litigations involving biosimilar products. Amgen v. Sandoz (filgrastim, pegfilgrastim): As we previously reported, the district court granted summary judgment of...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Knowles Electronics LLC v. Iancu, Appeal No. 2016-1954 (Fed. Cir. 2018) - In an appeal from an inter partes reexamination, the Federal Circuit affirmed a decision by the PTAB invalidating a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

No Second Chance on Remand for Late Arguments

Dell Inc. v. Acceleron, LLC (“Dell II”), No. 2017-1101 (Fed. Cir. Mar. 9, 2018) - On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made...more

Knobbe Martens

Dell Inc. v. Acceleron, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more

Foley & Lardner LLP

Federal Circuit Keeps Sandoz Biosimilar Off the Market for Now

Foley & Lardner LLP on

The Federal Circuit is set to hear oral arguments in Amgen v. Sandoz on June 3, but in the meantime has granted Amgen’s motion for a preliminary injunction to keep Sandoz’ biosimilar version of Neupogen® off the market until...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cuozzo Speed Technologies LLC Federal Circuit Argument -- The Patent Office Asks to Have Its Cake and Eat It Too

Last week, the Federal Circuit heard the first oral argument for the first appeal of an inter partes review ("IPR") final written decision for the first IPR ever filed (IPR2012-00001). ...more

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