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Patents Amicus Briefs

Womble Bond Dickinson

Industry Reactions to In re Cellect Decision

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An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more

McDermott Will & Emery

PTO Director Requests Input on Patent Trial & Appeal Board Decision Regarding Duty of Candor

McDermott Will & Emery on

On May 3, 2023, the Patent Trial & Appeal Board granted a motion for sanctions brought by Spectrum Solutions LLC against Longhorn Vaccines & Diagnostics LLC. The resulting sanctions order canceled five Longhorn patents. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

Esteemed Scientists File Amicus Brief in Amgen v. Sanofi on Respondents' Behalf

During oral argument before the Supreme Court on Monday in Amgen v. Sanofi, all three advocates (Jeff Lamken for Amgen, Paul Clement for Sanofi, and Colleen Sindzak for the United States) had reason to reference and discuss...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

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

Fitch, Even, Tabin & Flannery LLP

U.S. Supreme Court to Consider “Full Scope” Enablement of Claims

On November 4, the United States Supreme Court granted a petition for writ of certiorari to review the Federal Circuit’s decision in Amgen Inc., v. Sanofi. Certiorari was limited to the question of whether the enablement...more

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

Amgen v. Sanofi Case on Enablement of Antibody Genus Claims Will be Heard at the Supreme Court; Cert Denied in Juno v. Kite

The Supreme Court agreed on Friday, November 4, 2022, to review the standard for enablement of genus claims after the Federal Circuit’s decision in Amgen, Inc. v. Sanofi. We have previously covered Amgen’s petition for a writ...more

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

Not Backing Down Now – Multiple Amicus Curiae Briefs Filed for Amgen v. Sanofi

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail...more

Kilpatrick

Petitioner And Amicus Briefs Lay Out Arguments In Supreme Court Fight Over Assignor Estoppel

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As previously reported, in January 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on the question of “whether a defendant in a patent infringement action who assigned the...more

Jones Day

Apple v. Iancu: Oral Argument on Motion to Dismiss and Plaintiff Summary Judgment Motion

Jones Day on

Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...more

Kilpatrick

Should We Require Human Inventorship? Submit Your Amicus Brief by March

Kilpatrick on

A variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel biological targets and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Chicago Patent Attorneys File Supreme Court Amicus Brief in American Axle

Chicago patent attorneys Kevin E. Noonan, Michael S. Borella, Aaron V. Gin, and Adnan M. "Eddie" Obissi have filed an amicus brief supporting Supreme Court review of the Federal Circuit's decision to invalidate claims of...more

Foley & Lardner LLP

Arthrex Amicus Briefs – Novel Arguments for the Court To Consider

Foley & Lardner LLP on

On December 2nd, amicus briefs in support of Smith & Nephew and the United States were filed with the Supreme Court in the Arthrex cases. There were also several amicus briefs filed in support of no party. Previous articles...more

Kidon IP

The ACT | APPLE Association Charade

Kidon IP on

Apple and the Fearsome five are doing it again.   The same people who pushed the fallacious “troll bogeyman”; engaged in PTAB proxy warfare, seemingly immunized by the “real party in interest doctrine”;  invented  the...more

McDermott Will & Emery

German Competition Authority Files Amicus Brief in SEP Litigation

In 2019, Nokia filed a series of patent infringement complaints against Daimler before several German courts. Nokia alleged that connected cars made by Daimler infringed Nokia’s patents. Nokia considered the relevant patents...more

Dorsey & Whitney LLP

Slap A Logo On It – The Future of Winning a Design Patent Infringement Claim?

Dorsey & Whitney LLP on

When I was a kid, we anxiously awaited Christmas Eve, with the exception of traditional lutefisk dinner. If you too have ingested lutefisk, you may agree that it is unpalatable. My Dad’s now family-famous quip was “just put...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Jones Day

Chicago-Kent Journal of IP: Precedential Opinion Panel Resolves Conflicts in PTAB Opinions on Joinder

Jones Day on

Since its inception through the Leahy-Smith America Invents Act (“AIA”), the proper role and function of the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (“PTO”) in adversarial post-grant...more

Jones Day

POP: Does a Complaint Without Standing Trigger The IRP Time Bar?

Jones Day on

The PTAB’s Precedential Opinion Panel (POP) will consider, at the behest of 360Heros, whether a complaint alleging patent infringement made by a party other than the patent owner of the patent triggers the § 315(b) time bar....more

McDonnell Boehnen Hulbert & Berghoff LLP

Invitation to Join Amicus Brief in Athena Diagnostics v. Mayo

Athena Diagnostics filed a Petition for Rehearing of the CAFC decision in Athena Diagnostics v. Mayo on April 8, 2019. Amicus Briefs are due April 22, 2019. Patent Docs has reported on this decision, which continues to...more

White & Case LLP

Supreme Court Says America Invents Act Did Not Alter On-Sale Bar

White & Case LLP on

Squib of Holding and Key Implication: The United States Supreme Court, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., held on January 22, 2019 that "a commercial sale to a third party who is required to keep...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs Filed in Mohawk Tribe's Motion to Dismiss IPRs

In what everyone (including the Patent Trial and Appeal Board) considers an unprecedented administrative action, the PTAB late last year set our an order (Patent Trial and Appeal Board's Order, 2017 WL 5067421, P.T.A.B. Nov....more

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