Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent trial & appeal board · clear
Tomorrow we will be releasing our sixth annual IPR Intelligence report, where we covered the IPR filing activity from July 1, 2017, through June 30, 2022. This report is our effort to fully cover the IPR landscape by analyzing data at a high level and…
Amidst growing concerns that China is eclipsing the U.S. with R&D and patents in emerging new technologies, the Chairman of the Senate Judiciary Committee's Subcommittee on Intellectual Property, Senator Thom R. Tillis announced a couple of weeks ago a…
Since she took office on April 13th, USPTO’s director, Kathi Vidal, has made several public appearances, expressing her remarks on the patent system and describing her vision on the current issues. Her nomination by President Joe Biden received…
PTAB 2019: A Year of New Precedent There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for amending claims , Practice Guide updates to thwart parallel petition filings , a successful…
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach , Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New Jersey. Summary : The PTAB correctly construed the…
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here. As of September 18, 2017,…
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III…
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts Last week, I analyzed the government's arguments supporting Article III standing for intervenors in Knowles Electronics v. Matal. In that case, the panel questioned…
What Exactly is the "Thrust of the Rejection?" Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors . For example, back in June, the…
Failure to Argue Differing Claim Language of Similar Claims Haunts Appellant PTAB practitioners must always be mindful of the Board's longstanding practice to treat grouped claims as standing or falling together. That is, claims should be argued…
Patent Owner Sur-Replies on the Uptick Back in June of 2016, the Federal Circuit issued its opinion in Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical Inc.( here ). At the time I explained that Genzyme was a game-changer . This was because it…
Bill Would Effectively End PTAB The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act was unveiled in the U.S. Senate this week. This is the newest incarnation of a previously stalled bill known as…
