Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
On October 17, 2017, the PTAB issued a final written decision in an IPR holding all claims unpatentable after the Federal Circuit vacated and remanded the PTAB’s previous final written decision. The PTAB reversed their original patentability…
A pair of ongoing USPTO initiatives, Patents for Humanity and Patents 4 Patients, offer incentives that certain biotechnology patent applications may be eligible for. Patents for Humanity is open to patents and applications that address humanitarian…
On October 24, 2017, the PTAB designated as “informative” the following three decisions that discretionarily denied institution of IPR petitions under 35 U.S.C. § 325(d). Section 325(d) provides that “the Director may take into…
In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with the support of the Laura and John Arnold foundation, has petitioned the PTAB seeking Inter…
Written By: Nathanael Luman, Ph.D. and Kerry Taylor, Ph.D. The PTAB has released its September 2017 statistics. These statistics mark the end of the USPTO's 2017 fiscal year (the USPTO’s fiscal year runs from October 1 to September 30 of each…
Expanded Panel Decision Voted Precedential On the heels of the recent issuance of an expanded panel decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19), Section II.B.4.i.( here ),…
By: Nathanael Luman, Ph.D. and Kerry Taylor, Ph.D. The PTAB extended the deadline for issuing its IPR final written decision on a motion to amend by up to six months to provide additional time to consider the impact of the Federal Circuit’s recent en…
Aqua Products Decision Deemed “Good Cause” Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11). While…
Written by: Benjamin Anger On October 18, 2017, the PTAB designated as “precedential” a major portion of its prior decision in General Plastic Industrial Co., Ltd. v. Canon Kabushki Kaisha . The decision was previously designated…
Written by Caleb A. Bates, Ph.D. , Peter Law and Eric Furman, Ph.D. Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction…
SAS Institute To Send Patent Owners Screaming Into the Night? The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court will hear oral arguments in both the Oil States and SAS Institute appeals. While almost all…
Written by: Scott R. Seeley and Kerry S. Taylor Ph.D. In view of the Federal Circuit’s en banc holding in Aqua Products, Inc. v. Matal , No. 2015-1177, (Fed. Cir. Oct. 4, 2017), the Board authorized additional briefing to the petitioner in three…
