Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
No Duty to Discuss Closest Prior Art…But you Probably Should Anyway In implementing the Federal Circuit’s In Re Aqua Products’ holding, the Patent Trial & Appeal Board (PTAB) explains that “practice and procedure before the Board…
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district court’s recent grant of…
Keeping secrets in business: Organisations hold business-critical intangible assets that perfectly fit even the strictest definition for a valuable trade secret. A trade secret is any formula, practice, process, design, instrument, pattern, commercial…
On November 16, 2017, the USPTO issued new procedures ( “ Standard Operating Procedure 9” ) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal Circuit to the PTAB,…
Federal Circuit Summaries Before PROST, WALLACH, and TARANTO. Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history estoppel does not apply to…
. In the Micron Tech case, the Circuit rules that TC Heartland changed the law on patent venue such that Micron’s argument of improper venue is now much easier to present than it would have been at an earlier point in the case. This will permit…
Standard Operating Procedures (SOP) 9 Released As discussed last week, a remand to the Patent Trial & Appeal Board (PTAB) may be a short-lived victory for Patent Owners . The PTAB has now officially revised the “Standard Operating Procedure 9…
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the…
Remand or Reversal? Appeals from the Patent Trial & Appeal Board (PTAB) have now become a major component of the Federal Circuit’s docket. Given the deferential “substantial evidence” standard accorded PTAB decisions, upward of 60% of…
On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc . (“Secured Mail”) were directed to patent-ineligible subject matter under 35 U.S.C.…
In Sanofi v. Watson Labs. , the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial fibrillation drug. Thanks to my…
In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017) , which may or may not have mooted the Tribe’s…
