Posts Tagged: inter partes review
Other Barks & Bites for Friday, February 15
This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to …
First PTAB Reversals Under New Subject Matter Eligibility Guidance
Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February 2018, Andrei Iancu has led the charge to …
Simultaneous Invention as Secondary Evidence of Obviousness
Is an invention arrived at by multiple inventors within a short space of time necessarily obvious? If not, how far may the evidence of simultaneous or contemporaneous …
Federal Circuit Holds Parties Joined to an IPR have Right to Appeal PTAB Decision—Even if Original Petitioner Lacks Article III Standing
The Federal Circuit on February 1 affirmed the Patent Trial and Appeal Board’s final written decision in an inter partes review concluding that the claims of a …
As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
Patents in the Crosshairs During House Drug Pricing Debate
The opening salvo in what promises to be one of the hottest debates in the new Congress was fired January 29 during a day-long hearing in the House …
IP Due Diligence in the Life Sciences: Key Considerations for 2019
The success of a life science product, and thereby the company, rests heavily upon a combination of patent protection, regulatory exclusivity and product life cycle management. A …
No End in Sight for Rule 36 Racket at Federal Circuit
According to Federal Circuit Rules, a Rule 36 judgment can be entered without an opinion when it is determined by the panel that one of five conditions exist …
Other Barks & Bites: IP News to Watch, January 25, 2019
Today marks the return of our Other Barks & Bites feature, which will profile a collection of news headlines from around the IP world and across practice areas …
PTAB Trends: More Orange Book Patents Are Surviving the ‘Death Squad’
Since its inception, the Patent Trial and Appeal Board (PTAB) has been a frequent venue for patent challenges in the pharmaceutical and biotechnology industries. By the end …
Federal Circuit Allows Reconsideration of Non-Instituted Ground in IPR
In AC Techs., S.A. v. Amazon.com, Inc. the Federal Circuit found the PTAB did not exceed its statutory authority by addressing a non-instituted ground on …
Filer of an ANDA Paragraph III Certification has Standing to Appeal from PTAB in IPR
The ‘650 patent covers a compound called fesoterodine, which is an antimuscarinic drug marketed as Toviaz® and used to treat urinary incontinence. Mylan Pharmaceuticals petitioned for IPR of …
Assignor Estoppel and IPRs: Possible Impact of Arista v. Cisco on Employment or Assignment Agreements
The doctrine of assignor estoppel has been around for over a century and most often applied in the U.S. International Trade Commission (ITC) and U.S. …
No Debate: Article III Standing is a Requisite to Appeal an IPR
On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions
On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…
