News & Analysis as of


Praxair Distribution, Inc. V. Mallinckrodt Hospital Products

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB) Summary: A limitation that merely claims information by incorporating that information into...more

A Wish for Nonexistent Cheap Drugs Is Not Standing to Sue

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive,...more

Ex parte Hakkani-Tur (PTAB 2018)

PTAB Affirms Patent Eligibility of Claims for Training a Spoken Language Understanding Classifier - In a decision issued earlier this month, the U.S. Patent and Trademark Office Patent Trial and Appeal Board reversed the...more

IP Assets After Death (Part 1)

by Field Law on

Can an inventor be granted a patent posthumously? The answer is a clear yes, as illustrated by the experience of one well-known inventor: Steve Jobs is named as an inventor on hundreds of U.S. utility and design patents,...more

Anacor Pharmaceuticals, Inc. v. Iancu

by Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Bryson, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1)...more

Avoiding Estoppel Is Not Good Cause To Withdraw Grounds After Institution

by Jones Day on

We recently reported some early observations about possible trends at the PTAB in the wake of the Supreme Court’s decision in SAS Institute Inc. v. Iancu. See Observations: Three Weeks After Supreme Court’s SAS Institute...more

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

Patent 101: Patent Process FAQs for Inventors

by Ward and Smith, P.A. on

Patent attorneys and patent agents ("patent practitioners") deal with the best and brightest engineers and scientists on a daily basis. As inventors, these engineers and scientists understand the technology associated with...more

EDTX & NDTX Monthly Wrap-Up — April 2018

by Fish & Richardson on

This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of April 2018. Two subjects stand out this month from the Eastern District: (1) testimony of damages...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

by Weintraub Tobin on

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different contexts, they both center on the question of what it means for a party to be...more

Genetic Veterinary Sciences, Inc. v. LABOklin GmbH (E.D. Va. 2018)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter...more

In Re: Bigcommerce, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Linn, and Hughes. Petition for Writ of Mandamus from the District Court for the Eastern District of Texas. Summary: A corporation incorporated in a state having multiple...more

Recent Blockchain Patents of Note

As we have previously reported, the number of blockchain patents being filed and granted is continuing to increase. According to a Thomson Reuters report, 225 out of the 406 blockchain patents (55.4%) filed in 2017 came from...more

PTAB Strategies and Insights - May 2018: “Addendum – Lack of Motivation to Combine – Avoid Declarant Weaknesses”

As follow up to last month’s article on lack of motivation to combine, another just released Board decision in IPR2016-00972 (Paper 18) again found for patent owner because the petition failed to provide a proper motivation...more

Federal Circuit Holds That Plaintiff Bears the Burden of Proving Venue in Patent Cases

by Fish & Richardson on

In an order issued May 14, 2018, the Court of Appeals for the Federal Circuit vacated a District Court order that denied a motion to dismiss for improper venue. The Court held that, in challenges to venue under 28 U.S.C. §...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) - In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness...more

Filgrastim, pegfilgrastim biosimilar litigation updates

by Goodwin on

Below is a rundown of some recent developments in BPCIA litigations concerning biosimilars of Neupogen® (filgrastim) and/or Neulasta® (pegfilgrastim). Amgen v. Adello (filgrastim) - As we previously reported, in March,...more

UK Intellectual Property Office (IPO) responds to Industrial Strategy Consultation

by Hogan Lovells on

In November 2017 the UK government published its Industrial Strategy. As part of this, the UK IPO made a broad ‘call for views’ from users of the UK intellectual property system on “products, services or other activities the...more

Patent Related Changes To Bayh-Dole Act Regulations

by Foley & Lardner LLP on

Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that...more

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. (Fed. Cir. 2018)

Last week, the Federal Circuit found all patent claims invalid for obviousness in an inter partes review, in Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. But the Court did not render its decision...more

ITC’s Amended Section 337 Rules Streamline Investigations

by Orrick - IP Landscape on

On April 26, 2018, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. The amended rules are...more

The Federal Circuit Limits Where Corporations "Reside"

On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation...more

SAP America, Inc. v. Investpic LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas. Summary: Claims may be determined patent ineligible on the pleadings...more

France adopts new Order n°2018-341 implementing UPC system

by Hogan Lovells on

On 10 May 2018, France’s Journal Officiel published "Ordonnance n° 2018-341 du 9 mai 2018" (the "Order") on the European patent with unitary effect and the unified patent jurisdiction. ...more

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