Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Written by : Emily K. McCorry & Jeremy Anapol NETFLIX, INC. V. DIVX, LLC Before Dyk, Linn, and Chen . Appeal from the Patent Trial and Appeal Board. Summary : The PTAB did not abuse its discretion by declining to address arguments that an IPR petitioner…
Written by : Ari Feinstein & Jane Dai, Ph.D. As we recently discussed , the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug…
Written by : Jacob J. Golan, Ph.D. & Jason J. Jardine On June 6, 2023, the Senate Judiciary Committee's Subcommittee on Intellectual Property introduced a Bill entitled “Patent Eligibility Restoration Act of 2023” (PERA) aiming to amend the…
Written by : Jamal Perry & Daniel Kiang RAI STRATEGIC HOLDINGS, INC. v. PHILIP MORRIS PRODUCTS S.A Before Chen, Stoll , and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Claimed ranges can be narrower than alternative, broader ranges…
Written by : Ben K. Shiroma & Daniel Kiang WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. Before Reyna , Hughes, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Copyright notices in product manuals, which prohibited their reproduction and…
CASE OF THE WEEK Univ. of South Florida Bd. of Trustees v. United States , Appeal No. 2022-2248 (Fed. Cir. Feb. 9, 2024) In this week’s Case of the Week, the Federal Circuit examined the scope of a provision of the Bayh-Dole Act of 1980 (35 U.S.C.…
Written by : Brianne M. Kingery & Robert J. Hilton, Ph.D. On December 27, 2023, Judge Thomas S. Kleeh of the United States District Court for the Northern District of West Virginia issued an order finding that Mylan (Viatris) infringed claims 4, 7, 9, 11,…
Written by : Philip M. Nelson In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners. Two main areas of focus are “Section 101” and the “PTAB.” Below…
Written by : Rory R. Lootsma (December 27, 2023) Natera Inc. succeeded in obtaining a preliminary injunction against NeoGenomics Laboratories, Inc.’s medical assay test. Natera’s ongoing federal lawsuit alleges that NeoGenomics’ product…
Written by : Rhett D. Ramsey & Eric Furman, Ph.D. On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen…
Written by : Susan M. Janicki, Ph.D. & Agnes Juang, Ph.D. The Federal Trade Commission (FTC) issued a policy statement [1] on September 14, 2023, stating that “[b]rand drug manufacturers may be harming generic competition through the improper listing…
CASE OF THE WEEK Medtronic, Inc. et al. v. Teleflex Life Sciences Ltd. , Appeal Nos. 2022-1721, -1722 (Fed. Cir. Nov. 16, 2023) In this week’s Case of Week, the Federal Circuit affirmed inter partes review decisions upholding as patentable…
