Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Hyeongsu Rick Park and Kerry S. Taylor, Ph.D. The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University…
Written by Daniel K. Yarbrough, Ph.D. and Jing Liu, Ph.D. Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Metalcraft , the Circuit affirms a preliminary injunction based largely on the patentee’s proof that it ‎would be impossible to quantify damages ‎caused by loss of potentially-lifelong…
Written by Loni Morrow and Jason J. Jardine Edited by Catherine Holland It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry. See, Nicole R. Townes and Robert Roby, Design…
Building Consensus to Advance Innovation Reston, VA, February 16, 2017 – The Licensing Executives Society (U.S.A. and Canada), Inc. (LES) is now an Accredited Standards Developer (ASD) of the American National Standards Institute (ANSI). As an…
In Personal Web Technologies, LLC v. Apple, Inc., [2016-1174] (February 14, 2017), the Federal Circuit affirmed the Board’s claim construction but vacated the Board’s obviousness determination because the Board did not adequately support its…
Yesterday, the PTAB in interference 106,048 issued a short order finding no interference- in- fact between the claims of 12 Broad Institute patents (US Patent Number 8,697,359 et al.) and the application held by The Regents of the University of California…
The admissibility of evidence is an important consideration for many PTAB proceedings. The procedures for objecting to and admitting evidence can be nuanced and, as often is the case with the PTAB, the devil is in the details. Panels are also quick to…
On Wed., February 8, 2017, IPO released the report of its legislation task force. Unlike the hundreds of academic analyses of the legislative history of s. 101 – and this report includes another – the Task Force took the further necessary and…
Written by Daniel K. Yarbrough, Ph.D. and Nathanael R. Luman, Ph.D. The PTAB denied institution of an IPR based on patent owner’s challenge to the prior art status of a PCT publication that was asserted by the petitioner as pre-AIA 35 U.S.C. §…
This week, Patexia Data Science Team continued reviewing Apple’s IPR challenges. However, we turned our attention towards PTAB Panel of Administrative Judges. Given that Apple has been the most active company responsible for filing almost 5 percent…
Recalibration of Venue Could Change Face of Patent Litigation As most are well aware, the patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions “may be brought in the judicial district where the defendant resides .…
