Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab decisions · clear
CASE OF THE WEEK Merck Serono S.A. v. Hopewell Pharma Ventures, Inc. , Appeal Nos. 2025-1210, -1211 (Fed. Cir. Oct. 30, 2025) In our Case of the Week, the Federal Circuit upheld a Patent Trial and Appeal Board decision invalidating claims on Merck’s…
Patexia has recently launched its 2024 PTAB Intelligence Report , offering a detailed analysis of the latest trends and developments in Patent Trial and Appeal Board (PTAB) proceedings. As the intellectual property landscape evolves, PTAB continues to play…
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…
A little over a year ago, the patent-eligibility of software inventions was very bleak. Examiners maintained difficult Alice-based rejections (rejecting the claims as abstract ideas, judicial exceptions to patent-eligibility) and applicants had little…
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic pharmaceutical manufacturers, including Mylan…
In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc ., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in Limine and held that CBM estoppel does not apply to related applications where the reference…
The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit’s holding in Shaw forecloses a broad reading of the…
In an IPR on remand from the Federal Circuit on appeal of a motion to amend, the PTAB considered the scope of briefings of the parties in view of the Federal Circuit’s recent en banc decision Aqua Products v. Matal. The PTAB ordered that the remand…
On March 21, 2018, the PTAB designated two decisions as “informative” that denied institution for presenting prior art that had been previously presented during prosecution. B ecton, Dickinson & Co. v. B. Braun Melsungen AG, IPR2017-01586 (PTAB…
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v. Genentech, Inc., IPR2016-01837, Paper 40 (P.T.A.B. March…
In Polygroup Lim ited v. Willis Electric Co., Ltd., IPR2016-01613, Paper 118 (Feb. 26, 2018), the PTAB granted the patent owner Willis Electric’s motion to amend a claim directed to lighted artificial trees. This decision follows the Federal…
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement…
