Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patents · clear
A pair of ongoing USPTO initiatives, Patents for Humanity and Patents 4 Patients, offer incentives that certain biotechnology patent applications may be eligible for. Patents for Humanity is open to patents and applications that address humanitarian…
Written by Caleb A. Bates, Ph.D. , Peter Law and Eric Furman, Ph.D. Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction…
Last week, we released the names of the five most active companies in IPR. However, the most active ones are not necessarily the best performing. This week, we have reviewed all entities that have been involved in IPR through the end of the second quarter…
Written by Peter E. Heuser - Schwabe, Williamson & Wyatt P.C. In In Re Cray , the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is…
Written by Loni Morrow and Jason J. Jardine Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry…
Written by Daniel A. Kamkar and Benjamin Anger On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the…
Written by Peter Law and Kerry S. Taylor, Ph.D. In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University…
Written by Damien Howard and Ronald J. Schoenbaum The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. Today the Circuit agreed to hear en banc Nantkwest v. Matal , in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a…
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. This was a busy week for precedential cases at the Circuit. In AIA v. Avid , the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag…
Written by Mark Speegle and Sean Murray Edited by John Sganga , Joseph Cianfrani , and Boris Zelkind On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA, which had previously set aside a $200 million jury verdict in favor…
