Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged unpatentability · clear
Burden of Persuasion to Demonstrate Unpatentability on Petitioner The United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking (NPRM) to allocate the burdens of persuasion on motions to amend in AIA trial proceedings…
Written by Marc Chatenay-Lapointe, Ph.D. and Agnes Juang, Ph.D. The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al employed the two-step analytical framework of Mayo/Alice to evaluate subject matter…
Written by Peter Heuser, Schwabe, Williamson & Wyatt, P.C. In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the…
