Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent · clear
BioArctic AB, a public Swedish biopharma company, recently announced that they received allowance of a patent application directed to a method of promoting axonal regeneration using a biodegradable spinal cord device. The medical device is said to be a…
The World Intellectual Property Organization recently released its 2017 IP report entitled “ Intangible Capital in Global Value Chains .” The report tackles several questions about the types, roles, and importance of intangible assets in global…
Inter-Partes Review (IPR) is known as an effective, relatively low cost (compared to district court litigation) and quick method used by defendants as a defense strategy in district court cases. This week, we analyzed the cases to see what percentage of…
Inter-Partes Review (IPR) has become an integral part of patent defense strategy. However, our analysis of IPR institution rate shows that it has steadily been declining, going from 61 percent to 42 percent for the period between 2012 to 2015. This…
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 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,…
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…
Last September we released the top 25 petitioners in IPRs. Apple was atop the list with almost 5 percent of all cases filed. We reviewed all IPR cases again this year and, as of the end of the second quarter, there were 6,580 IPR challenges filed before…
Written by Marc Chatenay-Lapointe, Ph.D. and Agnes Juang, Ph.D. The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al employed the two-step analytical framework of Mayo/Alice to evaluate subject matter…
Oil States/CAFC to Unravel “Litigation” Premise Sovereign immunity from proceedings of the Patent Trial & Appeal Board (PTAB) has become inextricably linked with the Oil States debate now before the Supreme Court. That is, the 7th amendment…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent…
