Popular, Patent Trial and Appeal Board

Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

Baker Botts L.L.P. on 8/1/2024

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the...more

Delaware Governor Signs Controversial “Market-Practice” Amendments to General Corporation Law

Dechert LLP on 7/22/2024

Amendments were adopted to restore market practices impacted by three recent Court of Chancery decisions. Amendments simplify the approval of a merger by a board of directors, thereby removing the potential for certain...more

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on 7/18/2024

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Interference Analysis Is a Two-Way Street

McDermott Will & Emery on 6/6/2024

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred...more

Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

Jones Day on 5/31/2024

During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...more

In Re Cellect: What’s The Issue and What to Expect

Foley Hoag LLP on 5/16/2024

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

Sheppard Mullin Richter & Hampton LLP on 4/11/2024

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more

PTAB Denies Parallel IPR Petition

Jones Day on 3/14/2024

The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate...more

The PTAB Finds Claims of Two EYLEA® Patents Unpatentable and Regeneron Files its Sixth Complaint Against a Proposed EYLEA®...

Venable LLP on 2/12/2024

The new year has brought a wave of activity for EYLEA® (aflibercept) biosimilars. Following up on our previous report (EYLEA® (aflibercept) and Soliris® (eculizumab) IPR and BPCIA Litigation Updates, December 31, 2023), in...more

Year in Review: Top Legal Developments of 2023

Goodwin on 1/22/2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and...more

USPTO Provides Guidance in Light of Amgen v. Sanofi

Procopio, Cory, Hargreaves & Savitch LLP on 1/19/2024

The U.S. Supreme Court’s May 2023 decision in Amgen, Inc. v. Sanofi (Amgen) sent shock waves through the patent world, particularly in the chemical and biotech segments, due to its invalidation of Amgen patents based on a...more

Situational Morality And Pulse Oximetry: Apple Watch Infringement And Human Nature

Dunlap Bennett & Ludwig PLLC on 1/11/2024

As a nerdy kid, I used to read popular science magazines in the checkout line, waiting for my mom to finish buying groceries. It was the early 1980’s. I remember picking up the latest Psychology Today issue and flipping...more

Apple Watch Imports (Possibly) Banned By The ITC: What Patent Owners Need To Know

Dunlap Bennett & Ludwig PLLC on 1/3/2024

Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California....more

Updates on Patent Challenges by Biosimilar Manufacturers at the PTAB

Goodwin on 12/27/2023

In the last month, there has been a flurry of activity at the PTAB related to challenges from biosimilar manufacturers related to ustekinumab, aflibercept, and eculizumab patents....more

Mastering the Recipe of Food Technology Intellectual Property

Rothwell, Figg, Ernst & Manbeck, P.C. on 12/15/2023

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

White House Ushers in New Era of Regulation With Landmark Executive Order on Artificial Intelligence

Davis Wright Tremaine LLP on 11/8/2023

The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the responsible development and...more

Federal Circuit Vacates PTAB’s Decisions in Axonics, Inc. v. Medtronic, Inc.

Knobbe Martens on 7/14/2023

Sacral neuromodulation stimulates nerves above the tailbone to treat fetal incontinence and related bowel and bladder control issues. After California-based Axonics Inc. (“Axonics”) entered the sacral neuromodulation market...more

Analogous Art Must Be Compared to the Challenged Patent

Knobbe Martens on 6/13/2023

In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent),...more

[Event] 14th Summit on Biosimilars & Innovator Biologics - June 27th - 28th, Boston, MA

American Conference Institute (ACI) on 5/31/2023

Biologics have become the fastest-growing class of therapeutic compounds. They have provided innovative treatment alternatives for people who suffer from some of the most serious medical conditions known to man. The...more

PTAB Strategies and Insights Newsletter - May 2023: Case Highlights: PTAB Precedential and Informative Decisions, Director Review...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/15/2023

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The...more

Today's Popular Updates › Patent Trial and Appeal Board