Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Sabrina Wang and Adam Powell The Federal Circuit held that a rat study in a provisional application and a conversion method in an uncited reference did not support the claimed human dosage form in Los Angeles Biomed. Research Inst. v. Eli Lilly…
Written by Diana E. Wade and Bridget A. Smith The Federal Circuit held that the PTAB may consider legal conclusions of obviousness by experts, but the expert papers must make adequate factual findings and provide a satisfactory explanation as to…
Written by Scott Raevsky and David T. Kim In a final written decision, the Board denied a patent owner’s request for a certificate of correction filed shortly after IPR institution in Douglas Dynamics, L.L.C. v. Meyer Products, LLC, IPR2015-01839,…
Written by Scott Siera, Ph.D. and Michael L. Fuller Obtaining issued patents in the biotechnology space can be a challenge. Here is a list of ten patent strategies we recommend for biotechnology innovators to increase their odds of obtaining valuable…
The last few weeks, our Data Science Team analyzed the most active petitioners in Inter-Partes Review (IPR) cases. Now we have turned our attention towards the patent owners in IPR cases. Our analysis shows that since IPR’s inception in 2012 through…
In Life Technologies Corp. v. Promega Corp. [14-1538] (February 22, 2017), the Supreme Court reversed a Federal Circuit decision that supplying a single component of a multi-component invention from the United States is an infringing act under Patent Act…
The real news this past week is not from the Circuit but from the Supreme Court’s reversal of the Life Technologies v. Promega case. There, the Supreme Court reversed the ‎Circuit’s ruling that shipping a single component of a ‎claimed…
Written by Kerry S. Taylor, Ph.D. and Nathanael Luman, Ph.D. The PTAB issued a Final Written Decision upholding Pozen’s ulcer reducing Vimovo® claims based on unexpected results in Coalition For Affordable Drugs VII LLC v. Pozen Inc.,…
Written by Caleb A. Bates, Ph.D. and Agnes Juang, Ph.D. On January 12, 2017, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the judgement that Eli Lilly’s U.S. Patent No. 7,772,209 (“the ’209 Patent”)…
In re Packard Inextricably Linked to Patent Examination Practices? Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard ( here ). This standard was more deferential to the agency as compared to the…
In Secure Access, LLC v. PNC BANK NATIONAL ASSOCIATION, [2016-1353] (February 21, 2017), the Federal Circuit vacated the Board’s decision in CBM2014-00100 on the ground that U.S. Patent No. 7,631,191 on a "system and method for authenticating a…
This week, our Data Science Team continued reviewing Apple’s IPR cases with a focus on patent owners. We wanted to learn which entities had their patents challenged by Apple since the inception of Inter-Partes Review in 2012. We’ve unveiled the…
