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  • Article

    PTAB Adopts Idendex In Finding Markush Group Not Enabled

    In Post Grant Reviews (PGR) the Patent Trial and Appeal Board (PTAB) may consider all statutory challenges to patent claims including those under 35 U.S.C. § 112.
    United StatesIntellectual Property
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  • Article

    USPTO Releases Interim Procedure For Requesting Recalculation Of Patent Term Adjustment Related To The IDS Safe Harbor

    On Friday, November 2, 2018, the USPTO released its interim procedure for patentees to request recalculation of the patent term adjustment with respect to information disclosure statements accompanied by ...
    United StatesIntellectual Property
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Article

Oracle v. Google - An Epic Software Battle

Google has petitioned the U.S. Supreme Court for certiorari in a copyright infringement suit brought by Oracle after the Federal Circuit twice ruled in favor of Oracle.
United StatesInternational Law
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  • Article

    Cardex – Patent Eligibility – It's The Claims That Matter

    On July 18 the Federal Circuit in Cardex, Inc. v. Eurofins Viracor, Inc., affirmed the district court decision finding that diagnostic method claims directed to detecting organ...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    ALJ Cheney Issues Initial Determination In Certain Tobacco Heating Articles (337-TA-1199)

    On June 3, 2021, the ITC released the public version (see Part I, Part II, Part III, Part IV) of the final initial determination ("ID") issued by ALJ Clark S. Cheney finding a violation of section 337...
    United StatesIntellectual Property
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  • Article

    Senators Leahy And Tillis Introduce PTAB Reform Act

    On Thursday, June 16, 2022, Senators Patrick Leahy (D-VT), Thom Tillis (R-NC), and John Cornyn (R-TX) introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 (PTAB Reform Act).
    United StatesIntellectual Property
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  • Article

    Biogen V. Mylan Written Description - What Does The Federal Circuit's Decision Really Mean?

    Following up on my post last week (Dec 1.), I have read commentary about how the Federal Circuit's decision in Biogen v. Mylan was incorrect.
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    The Flip Side Of Reasonable Expectation Of Success Is Unpredictability

    The Federal Circuit in a precedential opinion in Osai Pharmaceuticals, LLC v Apotex et al (Fed. Cir., October 4, 2019) reversed the USPTO's determination of obviousness...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    The "Skinny Label" - The Federal Circuit Has Second Thoughts

    On Tuesday the Federal Circuit vacated its decision in GlaxoSmithKline LLC. V. Teva Parma., USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020) in response to GSK's request for rehearing en banc.
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    A Voluntary Dismissal Without Prejudice Does Not Yield A Prevailing Party For Purposes Of Fee Shifting Under The Defend Trade Secrets Act

    Defendants then moved for an award of attorneys' fees of approximately $600,000.
    United StatesIntellectual Property
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  • Article

    ALJ Lord Issues Initial Determination In Certain Lithium-Ion Battery Cells (337-TA-1181)

    On March 31, 2021, ALJ Dee Lord issued a notice of initial determination ("ID") in Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the...
    United StatesIntellectual Property
    Oblon
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  • Article

    ALJ McNamara Grants Summary Determination Of Violation Of Section 337 In Certain Vaporizer Cartridges (337-TA-1211)

    ALJ McNamara found 18 respondents in default in Order Nos. 35, 62, 63, and 64.
    United StatesIntellectual Property
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  • Article

    Athena Diagnostics - The Federal Circuit Again Abdicates Its Responsibility

    In denying the petition for rehearing en banc the majority of the Federal Circuit abdicated its responsibility to define the limits of the Supreme Court's Mayo decision.
    United StatesIntellectual Property
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  • Article

    Best Medical Int'l, Inc. v. Elekta, Inc. (Fed. Cir., August 29, 2022)

    On August 29, 2022, the Federal Circuit released a modified version* of its precedential opinion in Best Medical Int'l, Inc. v. Elekta, Inc.
    United StatesIntellectual Property
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  • Article

    Bio/Pharma IPRs: Will Institution Rates Rise In Response To USPTO Initiatives?

    When it comes to IPR petitions filed in the Bio/Pharma space, USPTO data tells us that while Bio/Pharma petitions make up only 8% of the total petitions filed for the fiscal year of 2022 (through June 30, 2022)...
    United StatesIntellectual Property
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  • Article

    Commission Finds No Violation Of Section 337 In Certain Mobile Devices With Multifunction Emulators (337-TA-1170)

    On July 27, 2021, the ITC issued the public version of its opinion finding no violation of section 337 in Certain Mobile Devices with Multifunction Emulators.
    United StatesIntellectual Property
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  • Article

    Prior Art Introduced During Prosecution Has Important Implications For 101 Challenges

    Previously, ADT filed for inter partes review of Applied's ‘817 patent, challenging the validity of the patent's claims for obviousness.
    United StatesIntellectual Property
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  • Article

    PTAB Reaffirms Written Description Threshold When Claiming A Genus

    On May 17, 2024, the Patent Trial and Appeal Board (PTAB) affirmed a rejection of a claim directed to a purification method using single-domain antigen-binding proteins...
    United StatesIntellectual Property
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  • Article

    Requirements Under COVID-19 Prioritized Examination Pilot Program

    The USPTO has launched a new Covid-19 Prioritized Examination Pilot Program to help small and micro entities. The USPTO will accept requests for prioritized examination of up to 500 qualifying patent applications without requiring ...
    United StatesIntellectual Property
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  • Article

    Samsung Files New 337 Complaint Regarding Wireless Communications Equipment

    On January 5, 2021, Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey (collectively, "Samsung") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
    United StatesIntellectual Property
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