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Written by Daniel P. Hughes and Karen M. Cassidy The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals.…
In a continuing battle between NPE Core Wireless and Apple (in December, Core Wireless won a $7 ‎million verdict in the Northern District of California), the panel affirms a judgment of non-infringement ‎from the E. D. of Texas, where Apple’s…
Written by Peter Law and Kerry S. Taylor, Ph.D. On January 25, 2017, a panel of the Patent Trial and Appeal Board (PTAB) held that “Eleventh Amendment Immunity bars the institution of an inter partes review against an unconsenting state that has not…
In the first quarter of 2017 we saw a continued decline in patent litigation. The district court litigation was down 26 percent to 1,012, compared to 1,346 in Q4 of 2016. And it was down 5 percent year over year (1,067 in Q1 of 2016). For the same period,…
PTAB Procedural Reform Initiative Today the USPTO announced its PTAB Procedural Reform Inititative . The initiative seeks feedback on the nearly five years of historical data and user experiences to further shape and improve Patent Trial and Appeal Board…
Written by Peter Heuser, Schwabe Williamson & Wyatt The Circuit grants a rehearing and revises its decision in ‎ Asetek to vacate the ‎overly broad portion of an injunction. ‎In ‎ Wasica , the Circuit refuses to permit a party to present…
Excess of Jurisdiction vs. Agency Discretion Earlier this week, the CAFC denied en banc rehearing in Google v. Unwired Planet. While the denial was largely expected, Judge Hughes' concurrence foreshadows the debate to come in WiFi One . That debate, at…
With its seminal patents and continual patent enforcement activity, hybrid vehicle technology company Paice has been a frequent subject of discussion in this space. In fact, my first post almost ten years ago was about the company’s litigation with…
In In re Chudik, [2016-1817] (March 27, 2017), the Federal Circuit reversed the PTAB’s determination that claims 1, 15, 18, and 33–40 of U.S. Patent Application 11/525,631 on an implant for shoulder replacement surgery were anticipated. The…
Written by Daniel A. Kamkar and Nathanael Luman, Ph.D. The PTAB issued a Final Written Decision in Amerigen Pharm. Ltd. v. Shire LLC, IPR2015-02009, Paper 38 (P.T.A.B. March 31, 2017) granting a rare motion to amend. The motion canceled all instituted…
Guest Post: SCA v. First Quality With TC Heartland still on deck a the Supreme Court, a look back at the Court's most recent patent decision SCA v. First Quality by guest poster, Gary Cohen. Some of my thoughts, are posted on IPwatchdog ( here ). Back…
Written by Mark E. Davis and Ben J. Everton Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s numerous inter partes review (“IPR”)…
