Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ‎Board did not provide the patentee with an adequate opportunity to address a prior art reference…
Written by Daniel A. Kamkar and Agnes Juang, Ph.D. Janssen Biotech Inc. and Celltrion Healthcare have taken the next step over Janssen’s blockbuster arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar, as required by…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In NexLearn the Circuit affirmed the dismissal of a patent infringement case for lack of personal jurisdiction even though a software provider had, among other things, offered a potential…
Written by Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No.…
"Closely Tied" Language of Cuozzo & Institution-Centric Statutes The en banc opinion on the scope of the AIA's appeal bar (35 U.S.C. §§ 324(e)/314(d)) remains outstanding in WiFi One . Still, we have seen a few opinions from the…
Over the last couple of weeks, we have reported the top five firms in Inter-Partes Review (IPR) from the perspectives of volume and performance during the period from 2012 to 2016. This week, we are moving one step further into law firms to identify the…
Are You Properly Corroborating Your In Re Katz Declarations? Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors . Last week, in EmeraChem…
On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017) , a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test subject’s…
Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that a…
High Court to Review Constitutionality of AIA Trials The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of AIA trial proceedings — it declined all three invitations. Thus, the writing appeared to…
Written by Scott R. Seeley and Andrea Cheek The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017). MindGeek…
Last week, we reported on the top five market leaders who represented petitioners and patent owners in Inter-Partes Review (IPR) from 2012 through the end of 2016. While volume offers key measure for activity, another important metric is the quality or…
