686 articles · page 39 of 58
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
Preserving Access to Cost Effective Drugs (PACED) Act Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa), David Perdue (R-Georgia) introduced the Preserving Access…
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v. Genentech, Inc., IPR2016-01837, Paper 40 (P.T.A.B. March…
In Polygroup Lim ited v. Willis Electric Co., Ltd., IPR2016-01613, Paper 118 (Feb. 26, 2018), the PTAB granted the patent owner Willis Electric’s motion to amend a claim directed to lighted artificial trees. This decision follows the Federal…
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement…
Federal Circuit Summary Before Newman, Wallach , and Chen. Appeal from the Patent Trial and Appeal Board Summary : The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board…
As an introduction to this topic, please reread my post of July 5, 2017 about The Cleveland Clinic v. True Health Diagnostics, subtitled “Time to Redefine ‘Inventive Concept'”? The claim were directed to diagnosing the presence of…
Federal Statutes Applicable to Tribes Absent Expression to the Contrary In addition to the state sovereign immunity dispute now headed to the Federal Circuit , you might recall that the Patent Trial & Appeal Board (PTAB) was also considering the related…
2017: A Year of CAFC Feedback & Agency Refocus With so much attention being paid to Oil States , it was easy to lose sight of many of the more noteworthy Patent Trial & Appeal Board (PTAB) related decisions of 2017. Last year brought significant feedback…
Federal Circuit Summary Before Newman , Bryson, and Moore. Appeal from the Patent Trial and Appeal Board. Summary : Prosecution disclaimer occurred when an applicant explained why claims were amended and the Examiner confirmed the reasons for allowance.…
Two weeks ago, we released the list of Best Performing law firms in IPR . We also identified couple of firms with less than 10 attorneys, which had outperformed AM Law 100 firms. These firms were ranked by Patexia in the top 10 in our 2017 Best Performing…
CASE OF THE WEEK Aatrix Software, Inc. v. Green Shades Software, Inc. , Appeal No. 2017-1452 (Fed. Cir. Feb. 14, 2018) In Aatrix Software, Inc. v. Green Shades Software, Inc. , the Federal Circuit vacated a district court’s 12(b)(6) ruling that…
