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Patent Litigation Certiorari

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part III

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Another Group of Law Professors File Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Government Files Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

AbbVie Files Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

GlaxoSmithKline Files Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

Kilpatrick

Supreme Court Grants Amgen’s Petition for Certiorari to Reconsider Enablement of Genus Claims

Kilpatrick on

Last week, the Supreme Court granted Amgen’s petition for certiorari to reconsider the enablement requirement for genus claims. The Supreme Court will review whether the Federal Circuit panel in Amgen v. Sanofi improperly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari in Amgen v. Sanofi: High Court Will Tackle Proper Enablement Standard

The Supreme Court on Friday, Nov. 3, granted Amgen’s petition for certiorari on the second of the Questions Presented in its petition...more

Fenwick & West LLP

Patent Eligibility Law: Status Quo for Now, But Is Change on the Horizon?

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There have been no substantial changes to patent eligibility law or practice under 35 U.S.C. § 101 since the U.S. Patent and Trademark Office’s last guidance in October 2019. With legislative reform in Congress stalled,...more

Harris Beach PLLC

Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit

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Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: United States v. Arthrex, Inc., No. 19-1434 (U.S.)

In October 2020, the Supreme Court agreed to review the Federal Circuit’s holding in Arthrex Inc. v. Smith & Nephew Inc., 941 F.3d 1320 (Fed. Cir. 2019), that the scheme for appointing the Patent Trial and Appeal Board’s...more

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

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

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 largely continue its operations....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

Fenwick & West LLP

Patent Eligibility: Legislative Change Still Appears Far Away

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At the time of my last update in February on the state of patent eligibility law, the Supreme Court had recently declined to grant cert on Athena, Vanda, Berkheimer, Cellspin, Power Analytics, ChargePoint and Trading...more

Jones Day

BREAKING: Arthrex Headed to the Supreme Court

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On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows...more

Vinson & Elkins LLP

PTAB May Reject Motions To Amend In Inter Partes Reviews On Any Ground Of Patentability

Vinson & Elkins LLP on

On July 22, 2020, the Federal Circuit ruled that the Patent Trial & Appeal Board (“PTAB”) was not limited in its review of substitute claims in an inter partes review (“IPR”), and therefore could reject such claims as not...more

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

PTAB Strategies and Insights - May 2020

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

Bond Schoeneck & King PLLC

IP & Technology Newsletter - Winter Recap 2020

The Winter Recap 2020 edition of Bond’s IP & Technology Newsletter features articles on: • Patent Prosecution: Diagnosis vs. Treatment: When Does Patient Care Become Patentable? • Patent Infringement: Hope for Utility...more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute,...

In June 2019, the United States Supreme Court granted certiorari in Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. As set forth in our previous blog post, Romag Fasteners Inc. (“Romag”) seeks to have the Court...more

Miller Canfield

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

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The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Snell & Wilmer

SCOTUS to Consider USPTO’s Attorneys’ Fees Policy

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On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark...more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

WilmerHale on

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

McDermott Will & Emery

Cert Alert: Cert Granted to Consider Whether Lost Profit Damages May Include Overseas Activities

The Supreme Court of the United States has agreed to consider whether US patent owners can recoup some profits lost because of infringement that occurs outside of the United States. WesternGeco LLC v. ION Geophysical Corp.,...more

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