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  • Article

    WEBINAR: Listing Medical Devices In The Orange Book After Teva v. Amneal (Video)

    In Teva v. Amneal the Federal Circuit joined the 1st and 2nd Circuits in holding that medical device patents could not be properly listed in the Orange Book unless the patents contained at lease one claim which claimed.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
    Oblon
  • Article

    ALJ Shaw Issues Initial Determination In Certain Chemical Mechanical Planarization Slurries (337-TA-1204)

    On August 6, 2021, ALJ David P. Shaw released the public version (see Part I, Part II, Part III, Part IV) of his July 8, 2021 final initial determination ("ID")...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Bill Aimed At Non-Practicing Entities In The ITC Reintroduced By House Members

    Representatives Suzan DelBene (D-Wash.) and David Schweikert (R-Ariz.) have reintroduced the Advancing America's Interests Act, or H.R. 8037, which seeks to curb the ability of NPEs to obtain exclusion orders at the ITC.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Chief ALJ Bullock Issues Notice Of Initial Determination In Certain Audio Players And Controllers (337-TA-1191)

    On August 13, 2021, Chief ALJ Bullock issued a notice of his initial determination ("ID") finding a violation of section 337 in Certain Audio Players and Controllers, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1191).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Commission Affirms Determination Of No Domestic Industry In Certain Foodservice Equipment (337-TA-1166)

    On October 29, 2021, the Commission issued the public version of its opinion affirming, with modifications, the final initial determination ("ID") of no violation of section 337...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Federal Circuit Holds Prosecution History Disclaimer Applicable To Design Patents

    On June 17, 2025, the Federal Circuit reversed a jury's finding that Top Brand LLC had infringed Cozy Comfort Company's U.S. Patent No. D859,788 and trademarks.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1278) In Certain Radio Frequency Transmission Devices

    On August 27, 2021, the ITC issued a Notice of Investigation in Certain Radio Frequency Transmission Devices and Components Thereof.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1280) In Certain Laptops

    On August 31, 2021, the ITC issued a Notice of Investigation in Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof (Inv. No. 337-TA-1280).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1296) In Certain Adalimumab

    On January 26, 2022, the ITC issued a Notice of Investigation in Certain Adalimumab, Processes for Manufacturing or Relating to Same, and Products Containing Same(Inv. No. 337-TA-1296).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1306) In Certain Barcode Scanners

    On March 7, 2022, the ITC issued a Notice of Investigation in Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, RFID Printers, Components Thereof, and Products Containing the Same...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Institutes Investigation (337-TA-1314) In Certain Computer Network Security Equipment

    On May 18, 2022, the ITC issued a Notice of Investigation in Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1314).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Issues General Exclusion Order In Certain Vaporizer Cartridges (337-TA-1211)

    On February 14, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a general exclusion order ("GEO") in Certain Vaporizer Cartridges and...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Supreme Court Denies Cert In Patent Eligibility Cases And The Skinny Label Case

    Today the Supreme Court denied cert in GSK v. Teva in which the Solicitor General filed a brief in support of granting cert. The Solicitor argued that the decision in GSK's favor...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Announces Relief For Those Affected By The Earthquake In Japan

    The U.S. Patent and Trademark Office has issued special accommodations for patent and trademark applicants affected by a severe earthquake in Japan on July 28, 2026. These measures include restarting response time periods...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Announces Two New Pilot Programs To Expedite Prosecution

    On October 8th, the USPTO announced the Automated Search Pilot Program. This program will send an Automated Search Results Notice (ASRN) to the Applicant prior to examination so the Applicant can learn about potential prior art issues in the application.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Announces Updates To Rules For Applications Including Nucleotide And Amino Acid Sequences, Effective July 1, 2024

    A final ruling has been issued by the U.S. Patent and Trademark Office (USPTO) regarding applications which contain nucleotide and/or amino acid sequences. (OLD)
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Proposes Changes To Terminal Disclaimer Practice

    On May 10, 2024, the US Patent and Trademark Office (USPTO) introduced a proposed rule that could have significant implications for patent procedures, particularly concerning terminal disclaimers...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Withdraws Proposed Changes To Terminal Disclaimer Practice

    Further to our article of May 13, 2024 (here), the U.S. Patent and Trademark Office (USPTO) announced on December 4, 2024, that it is withdrawing the Notice of Proposed Rulemaking published in the Federal Register on May 10, 2024.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Video

    WEBINAR: Using The Amgen-Sanofi Methodology To Identify The Historic Treatment Of Patent Eligibility Issues: Today's 35 U.S.C. 101 Issues (Video)

    Oblon hosted a webinar on "Using the Amgen-Sanofi Methodology to Identify the Historic Treatment of Patent Eligibility Issues: Today's 35 U.S.C. § 101 Issues."
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Is The Supreme Court Poised To Consider The Federal Circuit's "Possession Of The Invention" Definition Of Written Description?

    The Supreme has relisted the petition for certiorari in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 21-1566 where Juno petitioned for review of the Federal Circuit's decision...
    United StatesLitigation, Mediation & Arbitration
    Oblon
    Oblon

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