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Patents Pending Legislation

Goodwin

Proposed BPCIA Reform Legislation Likely To Have Little Effect Even If Passed

Goodwin on

In an attempt to increase the availability of biosimilars, on July 11, 2024, the Senate passed the Affordable Prescriptions for Patients Act, which was introduced in the House on July 19, 2024. The bill sets a cap of 20...more

Foley & Lardner LLP

Why The TERM Act Is A Misguided Solution To A Different Problem

Foley & Lardner LLP on

The “Terminating the Extension of Rights Misappropriated (TERM) Act of 2019” would create a presumption that every other patent listed in the Orange Book has been terminally disclaimed over the earliest-expiring Orange...more

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

Global Patent Prosecution Newsletter - April 2019

Patent eligibility continues to be a hot topic in intellectual property law, and in our April issue of the Global Patent Prosecution newsletter, we look at three of the major forums impacting this area of IP. In our first...more

Hogan Lovells

A sneak peek at China’s long-awaited new draft Patent Law

Hogan Lovells on

On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a...more

Goodwin

House Passes MMA Amendment Requiring FTC and DOJ Review of Biosimilar Patent Litigation Settlements

Goodwin on

On September 25, 2018, the House of Representative passed the “Patient Right to Know Drug Prices Act” (S.2554). As we previously reported, the Senate passed the bill on September 19, 2018....more

Goodwin

Senate Passes MMA Amendment Requiring FTC and DOJ Review of Biosimilar Patent Litigation Settlements

Goodwin on

Yesterday, the Senate overwhelmingly (98-2) passed the “Patient Right to Know Drug Prices Act” (S.2554), which includes amendments to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (“MMA”) that...more

Hogan Lovells

Advances in Polish IP law, part 1: Patents – Indirect infringement, limitation of scope & state of the art searches

Hogan Lovells on

The bill amending the Industrial Property Law, published on 14 November 2017, introduces important changes with respect to patent protection. The bill adapts the Polish provisions to the European Patent Convention, as well as...more

Hogan Lovells

Brexit Bill - Impact on patents

Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

Jones Day

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

Jones Day on

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

Latham & Watkins LLP

German Court Delays Implementation of Unified Patent Court Legislation

Latham & Watkins LLP on

Germany’s constitutional court, the Bundesverfassungsgericht, has requested that the German President hold off on signing the legislation ratifying the Unified Patent Court (UPC) and the Unitary Patent (UP) following a...more

Hogan Lovells

Draft UPC laws continue progress through German parliament

Hogan Lovells on

Today, at 2:05 am (CET), the European Patent Package passed another milestone towards coming into effect. The bills regarding the law amending the German patent law in respect to the European Patent Package and the law...more

Orrick, Herrington & Sutcliffe LLP

German cabinet proposes law bill restricting tax relief for royalties to certain "patent boxes"

On January 25, 2017, the German cabinet has resolved on a law bill dubbed "license barrier" as a reaction to the BEPS initiative. If the bill passes parliament, it will mean that – in principle – tax relief will be...more

Proskauer - New England IP Blog

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

Foley Hoag LLP

Congress Passes Sweeping New Legislation to Protect Trade Secrets

Foley Hoag LLP on

Late yesterday, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which...more

Adler Pollock & Sheehan P.C.

Congress Introduces New Legislation To Halt Patent Trolling

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

King & Spalding

Intellectual Property Newsletter - September/October 2015

King & Spalding on

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Fish & Richardson

PTAB Denies Sanctions Against Bass

Fish & Richardson on

On Friday September 25, the PTAB issued its decision on Celgene’s sanctions motions seeking dismissal of five IPRs filed by Kyle Bass and his hedge fund Coalition for Affordable Drugs VI. In June, Celgene filed sanctions...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Releases Report on H.R. 9

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

McDonnell Boehnen Hulbert & Berghoff LLP

CBO Provides Cost Estimate to Government to Implement Innovation Act

Earlier this month, the Congressional Budget Office (CBO) issued a cost estimate for the Innovation Act (H.R. 9). The bill, which was introduced in February, was reported by the House Committee on the Judiciary in June. The...more

Foley & Lardner LLP

Federal Circuit Upholds Broadest Reasonable Interpretation in Inter Partes Review

Foley & Lardner LLP on

A divided Federal Circuit denied the petition for rehearing en banc that would have required the court to revisit its decision in In re Cuozzo Speed Technologies, LLC (Fed Cir 2015), that upheld the USPTO’s use of the...more

Cooley LLP

Alert: Is an Innovation Box Coming to the US?

Cooley LLP on

United States lawmakers are facing increasing pressure from technology and life science industry leaders to adopt an "innovation box" regime to level the playing field with foreign counterparts and prevent significant US job...more

King & Spalding

Patent Pending: The Outlook for Patent Legislation in the 114th Congress

King & Spalding on

The field of patent law is in a state of flux. Just four years after the America Invents Act (“AIA”) went into effect, Congress is taking up the issue once again, this time seeking to pass legislation to curb abusive patent...more

Kelley Drye & Warren LLP

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

Orrick, Herrington & Sutcliffe LLP

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Kelley Drye & Warren LLP

“Limitations”, “Elements” And Bears, Oh My!

Patent claims have “limitations.” Accused infringing products have “elements.” A patent owner may argue that patent claim “limitations” read onto “elements” of an accused infringing product. The Federal Circuit, sitting en...more

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