News & Analysis as of

Interference Proceeding Patents

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Clarifies Test for Exception to Increasingly Rare Interference Proceedings

Speck v. Bates, No. 2023-1147 (Fed. Cir. May 23, 2024) addressed two issues, (1) whether courts should apply a one-way test or a two-way test to determine if pre-critical claims materially differ from post-critical claims,...more

Sheppard Mullin Richter & Hampton LLP

SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA,...more

Knobbe Martens

AIA Patents May Not Be Challenged in Interference Proceedings

Knobbe Martens on

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Federal Circuit Supports Flexible Implementation of the Rule of Reason Approach to Support a Finding of Sufficient Corroboration...

In Dionex Softron GMBH vs. Agilent Technologies, Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the Patent Trial and Appeal Board’s (“Board”) decision in an interference proceeding to award...more

McDermott Will & Emery

Post-AIA Patents Are Not Shielded from Interferences

McDermott Will & Emery on

Addressing the applicability of interference proceedings to patent applications filed after the Leahy-Smith America Invents Act (AIA) was enacted, the Patent Trial & Appeal Board (Board) found it proper to declare an...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126.  Broad...more

McDonnell Boehnen Hulbert & Berghoff LLP

Meanwhile . . . ToolGen Files Substantive Motion No. 1 in Interference with CVC

Lest we forget, there are two other interferences proceeding before the Patent Trial and Appeal Board, one of which (Interference No. 106,127) names ToolGen as Senior Party and as Junior Party the University of...more

Jones Day

Interference Estoppel Precludes All Arguments That Could Have Been Raised

Jones Day on

This blog has previously discussed the effect of several different types of estoppel.  See, e.g., Estoppel Estopped for Remanded Claims, Reminder: Estoppel May Not Preclude Prior-Art Systems, and PGR Estoppel Applies to...more

Knobbe Martens

Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

Knobbe Martens on

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Hears Oral Argument on Motions in Interference No. 106,115

On Monday, the Patent Trial and Appeal Board (PTAB) heard oral argument (remotely) from Senior Party the Broad Institute (and its partners as Senior Party, Harvard University and MIT) and Junior Party the University of...more

Knobbe Martens

UC v. Broad Institute: No Interference-In-Fact in CRISPR Genome Editing Applications

Knobbe Martens on

Federal Circuit Summary - On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent Trial and Appeal Board (PTAB)’s determination of no...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Interference Motions Set

The Patent Trial and Appeal Board has made its decision regarding the motions each party will be able to bring in Interference No. 108,048 between the Broad Institute and the University of California ("University") over...more

Morris James LLP

Equitable Conduct Affirmative Defense Is Stricken

Morris James LLP on

The court finds that defendants’ inequitable conduct defense is not plausible since it is based solely on plaintiff’s failure to disclose information related to the Interference. The court finds that the BPAI terminated the...more

McDermott Will & Emery

District Courts Have No Jurisdiction to Review Board Decision for Interferences Declared after September 15, 2012 - Biogen MA,...

Addressing the impact of the America Invents Act (AIA) on judicial review of interference proceedings, the U.S. Court of Appeals for the Federal Circuit confirmed that a district court may not review Patent Trial and Appeal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Biogen MA, Inc. v. Japanese Foundation for Cancer Research (Fed. Cir. 2015)

The Federal Circuit affirmed a decision by the U.S. District Court for the District of Massachusetts that it lacked subject matter jurisdiction under 35 U.S.C. § 146 pursuant to changes in the statute provided by the...more

McDermott Will & Emery

Proof of Conception of Invention Is Not Confined to Any Formula - Sanofi-Aventis v Pfizer Inc.

Analyzing whether proof of conception of a DNA segment invention required a showing of the entire polynucleotide sequence, the U. S. Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and...more

King & Spalding

The Five Ps of Patent Reform: What You Need to Know About the Patent Litigation Reform Legislation Moving Through Congress

King & Spalding on

The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent...more

Foley & Lardner LLP

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

Foley & Lardner LLP on

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

BakerHostetler

Patent Watch: In Re Morsa

BakerHostetler on

On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more

Foley & Lardner LLP

Pinpointing Invention Conception Date in a Patent Interference

Foley & Lardner LLP on

In Dawson v. Dawson, the Federal Circuit considered an unusual case with a question that often arises in interferences: when did the inventor invent the subject matter at issue. While the decision does not break new ground in...more

BakerHostetler

Patent Watch: In re Hubbell

BakerHostetler on

On March 7, 2013, in In re Hubbell, the U.S. Court of Appeals for the Federal Circuit (Newman, O'Malley* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection...more

Foley & Lardner LLP

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

Foley & Lardner LLP on

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

Perkins Coie

Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

Perkins Coie on

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations...more

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