Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Senator Orrin Hatch (R-UT) recently introduced a bill titled the “ Hatch-Waxman Integrity Act of 2018 ” (HWIA). Sen. Hatch suggests that the HWIA will (i) “restore the careful balance the Hatch-Waxman Act struck to incentivize generic…
Federal Circuit Denies Tribal Sovereign Immunity from PTAB Proceedings Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board’s (PTAB) denial of tribal sovereign immunity as a patent owner defense to an AIA trial challenge. The…
Federal Circuit Summary Before Dyk, Moore , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. Generic drug manufacturers petitioned for IPR of Allergan’s…
CASE OF THE WEEK St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. , Appeal No. 2018-1638, -1639, -1640, -1641, -1642, -1643 (Fed. Cir. July 20, 2018) In a groundbreaking decision issued on Friday, the Federal Circuit held that tribal sovereignty…
Federal Curcuit Summary Before Taranto, Plager, and Chen . Appeal from the U.S. District Court for the Western District of Washington. Summary: A patent claim is directed to an abstract idea where it broadly recites a result without defining how the result…
Federal Circuit Summary Before Prost, Moore and Reyna. Appeal from the District Court of Delaware. Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the limitation is important, essential or…
Federal Circuit Summary Before Chen , Newman and Dyk. Appeal from the Eastern District of Texas. Summary: The Texas Theft Liability Act (TTLA), which awards attorney’s fees to the prevailing party, does not permit the recovery of attorney’s…
Federal Circuit Summary Before Moore, Linn, and Chen . Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the…
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: References were sufficiently accessible to the public to constitute printed publication prior art even if they were not searchable or indexed…
Federal Curcuit Summary Before Newman , Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction was not reasonable where it extended the breadth of the claims beyond what was described in the specification. Tre Milano…
CASE OF THE WEEK Polara Engineering Inc. v. Campbell Company , Appeal Nos. 2017-1974, -2033 (Fed. Cir. July 10, 2018) In this wide-ranging opinion, the Court provided a rare and lengthy opinion on the public use bar under 35 U.S.C. § 102(b) and the…
Federal Circuit Summary Before Lourie , Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use testing the claimed features to determine if…
