News & Analysis as of

Patents

PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit

by Jones Day on

On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that...more

District Court Denies Motion to Stay Pending Supreme Court Decision in Oil States

In June, we covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017). The Court will decide whether inter partes review – an adversarial process...more

USPTO to increase IPR fees by 33% and PGR fees by 27% in 2018

by Knobbe Martens on

The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). ...more

Remands From the Federal Circuit Back to the Patent Trial and Appeal Board: Are They a “Redo” or Something More Limited?

by WilmerHale on

The Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more

Statistics on the Backlog Problem and "Fast-Track" Options in Brazil

The recent proposal of automatically granting pending applications without examination is nothing but a desperate measure against a problem that has been haunting applicants and practitioners for decades. Apart from the...more

License Agreement Restrictions Can Provide A Real Advantage To Patent Holders

by Tarter Krinsky & Drogin LLP on

Generally, a patent owner's rights are exhausted after an authorized sale; the patent owner cannot sue a downstream customer who purchased an authorized patented product from a third party reseller. So how can a patent owner...more

Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc.

by Robins Kaplan LLP on

Case Name: Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc., 11-2317 (MLC) (DEA), 2017 U.S. Dist. LEXIS 107707 (D.N.J. July 12, 2017) (Cooper, J.). Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen / esomeprazole...more

Amgen Inc. v. Sanofi (Fed. Cir. 2017)

Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written description requirement in 35 U.S.C. § 112(a)...more

New USPTO Fee Schedule Increases Fees For Challenging Granted Patents, Adds Streamlined Reexamination Option

by Fox Rothschild LLP on

The USPTO recently published an adjusted fee schedule for certain patent fees. The new schedule significantly increases the fees for challenging the validity of a patent in inter partes review (IPR), post-grant review (PGR)...more

IPR and CBM Statistics for Final Written Decisions Issued in October 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in October, cancelling 623 (70%) instituted claims while declining to cancel 267 (30%) instituted claims. Patent owners did not concede any...more

Chief Judge Stark Overrules Parties’ Objections And Adopts Magistrate Judge Fallon’s Recommended Constructions Of Two Disputed...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff...more

Little Life Left in Promega v. Life Technologies Dispute

In Promega Corporation v. Life Technologies Corporation, Nos. 2013-1011, -1029, -1376 (Fed. Cir. Nov. 3, 2017), on remand from the Supreme Court, the Federal Circuit reviewed its prior holdings and considered whether they...more

FinTech Alert: Financial Services Companies Rank High among Industries Seeking Blockchain Patents

by Blank Rome LLP on

Action Item: As blockchain continues to expand its reach into more industries, one industry in particular—financial services—is exploring innovative uses for the technology, especially in the area of payment processing....more

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

USPTO Adjusts Fees for PTAB IPR Proceedings

by Jones Day on

On November 14th, the USPTO issued a final rule setting and adjusting patent fees during fiscal year 2017. The new fees, set to take effect January 16, 2018, include upward adjustments of fees for requesting Inter Partes...more

Federal Circuit Affirms Delaware Alice Decision

In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents were directed to ineligible subject...more

Biotech Institute's Growing Patent Portfolio -- U.S. Patent No. 9,095,554 and the Path Forward

As with any billion dollar market, patents are an important consideration for the cannabis industry. Despite its current classification as a Schedule I drug under the Controlled Substances Act, however, the U.S. Patent and...more

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For...

by Brinks Gilson & Lione on

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which...more

Federal Circuit Clarifies Venue Waiver After TC Heartland

by Snell & Wilmer on

The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect...

On November 16, 2017 the U.S. Patent and Trademark Office posted a new Standard Operating Procedure (SOP) addressing the conduct of cases remanded from the Federal Circuit to the Patent Trial and Appeal Board (PTAB). New “SOP...more

Perspectives on the PTAB Newsletter - November 2017

The Perspectives on the PTAB 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 sides...more

Patent Invalidation Paves the Way for Automated Fare Collection Systems

by Holland & Knight LLP on

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

IPR Updates

by Goodwin on

Here are some updates since our last IPR update: HUMIRA - On November 6, 2017, Sandoz filed an IPR Petition challenging AbbVie’s U.S. Patent No. 9,187,559 (IPR2018-00156). ...more

Judicial Economy Considerations Can Determine Whether and When a Claim Is Heard

by McDermott Will & Emery on

In denying a brand manufacturer’s motion to dismiss antitrust counterclaims and motion to stay pending appeal of a preliminary injunction order, the US District Court for the District of New Jersey placed significant weight...more

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