Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
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…
SAS Institute To Send Patent Owners Screaming Into the Night? The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court will hear oral arguments in both the Oil States and SAS Institute appeals. While almost all…
Written by: Scott R. Seeley and Kerry S. Taylor Ph.D. In view of the Federal Circuit’s en banc holding in Aqua Products, Inc. v. Matal , No. 2015-1177, (Fed. Cir. Oct. 4, 2017), the Board authorized additional briefing to the petitioner in three…
In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 were not invalid for failing to meet the written description and…
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the first nine months of 2016. For the past three years, this has been an ongoing trend. As for…
Written by Rebecca L. Wright, Ph.D. and Nathanael Luman, Ph.D. The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of amended claims in IPR proceedings without placing the burden of persuasion on the patent owner.…
Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 ( Fed. Cir., Oct. 4, 2017 )) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO…
Broadest Reasonable Does not Mean Broadest Possible! The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The abbreviation “BRI” is often used to reference the full claim interpretation…
Written by Jane Xia , Brenden S. Gingrich, Ph.D. , and Joseph Reisman, Ph.D. The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases,…
In In re: Smith International, Inc., [2016-2303] (September 26, 2017), the Federal Circuit reversed the PTAB’s affirmance of the Examiner’s rejections of claims in an ex parte reexamination of U.S. Patent 6,732,817 directed to a downhole…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In almost 150 pages and five separate opinions, a majority of an en banc Circuit remands to the Board the decision in Aqua Products v. Matal , instructing the Board to issue an IPR decision…
In Jang v. Boston Scientific Corp., [2016-1275, 2016-1575] (September 29, 2017), the Federal Circuit affirmed the district court’s denial of Jang’s motion for judgment as a matter of law (JMOL), its vacatur of the jury verdict of infringement…
