Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
The number of U.S. issued patents from 2014 to 2018 grew by 3.6%. In 2014, the U.S. patent office granted a total of 326,038 patents. This number grew to 337,699 in 2018. However, not all companies enjoyed the same rate of growth. During this five-year…
FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA. Before the Supreme Court with J. Gorsuch delivering the majority opinion. Summary: Commercial or financial information is confidential under the Freedom of Information Act (FOIA) when it is (1) both…
IANCU V. BRUNETTI Before the United States Supreme Court (Opinion by Justice Kagan ) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary : The Lanham Act’s prohibition on registering immoral or scandalous…
CASE OF THE WEEK Forum US, Inc. v. Flow Valve, LLC , Appeal No. 2018-1765 (Fed. Cir. June 17, 2019) Our case of the week features a rarely visited rule concerning reissue patents—the “original patent requirement” doctrine codified in 35…
GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : A single prior art reference can render a patent obvious if it would have been obvious to modify…
Term Act Seeks to Add New Bio/Pharma Litigation Hurdle It was easy to miss last week’s introduction of a new patent reform bill on the House side entitled: “Terminating the Extension of Rights Misappropriated Act of 2019” with so much…
A new bill introduced in Congress last week may limit the ability of branded pharmaceutical companies to extend the period of exclusivity products beyond the term of a single patent. The bill, titled “Terminating the Extension of Rights…
A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological product.” The bill would amend the patent statutes (s. 253 or title 35) for add the…
FORUM US, INC. v. FLOW VALVE, LLC Before Reyna , Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma. Summary : The original patent on which a broadening reissue patent is based must clearly and unequivocally…
We released our first patent prosecution rankings for the top 1,000 patent firms back in March, which was based on the activity, efficiency and success rates of more than 5,400 firms. Since then, a number of companies have asked us to evaluate their…
HYOSUNG TNS INC. V. ITC Before Dyk , Clevenger, and O’Malley. Appeal from the International Trade Commission. Summary : Past investments can satisfy the ITC’s domestic industry requirement if (1) the investments pertain to products covered by…
The Supreme Court and the Federal Circuit issued three precedential opinions this week concerning matters of first impression involving inter partes reviews, two of which concern the status of government actors in the process. We cover those below. In our…
