This month we highlight a new law requiring notification to the
Federal Trade Commission and Department of Justice of biosimilar
litigation settlements and perhaps the end of a long-running Mylan
venue dispute in Delaware.
CASES
Supreme Court
Can the Government Petition to IPR Your Compound
Patent?
Return Mail, Inc. v. United States Postal
Service, 10/26/18 (No. 17-1594)
The Supreme Court granted certiorari on the following question:
"Whether the government is a 'person' who may petition
to institute review proceedings under the Leahy-Smith America
Invents Act."
Unclaimed Disclosures as Prior Art
Ariosa Diagnostics, Inc. v. Illumina,
Inc., 10/29/18 (No. 18-109)
The Supreme Court requested the views of the Solicitor General
on the following question: "Whether unclaimed disclosures in a
published patent application and an earlier application it relies
on for priority enter the public domain and thus become prior art
as of the earlier application's
