In an interesting turn of legal events, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s patentability determination, which found that a patent challenger waived an argument it tried to incorporate by reference to another brief. The case in question here is Medtronic, Inc. v. Teleflex Life Scis….
In the most recent series of patent case summaries, the significant case Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., et al., No. 2022-1482 has made headlines, with a decision issued by the Federal Circuit Court (Patent Trial and Appeal Board, or PTAB) on November 21, 2023. The detailed opinion was penned by Dyk…
In a precedential final written decision, the Patent Trial & Appeal Board positioned that a patent does not have to possess a claim that is supported by a provisional application’s disclosure in order to raise priority to that provisional for prior art purposes after the implementation of the America Invents Act (AIA). This crucial decision…
On September 21, 2023, the Patent Trial and Appeal Board (PTAB) made a noteworthy decision to deny the United Services Automobile Association’s (USAA) petition to institute inter partes review of Auto Telematics’s U.S. Patent No. 9,633,487. This denial was made in consideration of the written description presented in the alternative embodiments. The inter partes review…
The nature of litigation over standard-essential patents, or SEPs, can be viewed as a cyclical phenomenon. This cycle commonly follows the path of generational changes in technology. Instances of this pattern have been observed with 3G and 4G technology, where each respective change led to an influx of litigation focused mainly on smartphones. As we…
In recent months, the U.S. Patent and Trademark Office (USPTO) has reportedly battled with escalating disrespectful conduct aimed at its staff. In light of these events, the USPTO in October published a detailed warning, reminding individuals who interact with the Office of the necessary Code of Conduct, and reinforcing the rule in existence for over…
MarkIt to Market®’s November 2023 issue, published by Sterne Kessler, provides useful insights for legal professionals. A notable portion of this month’s issue is dedicated to the United States Patent and Trademark Office (USPTO)’s recent alert which serves as a reminder to filers and practitioners about the Code of Conduct when interacting with the Office….
In a significant development, the U.S. Patent and Trademark Office (USPTO) has called for inputs on the matter of protecting the genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of Indigenous People under the aegis of World Intellectual Property Organization (JD Supra). This exploratory move by USPTO puts a spotlight on the…
Legal professionals across the globe have long recognized the potency of inter partes reviews (IPR), a procedural rule that allows third parties to challenge the validity of a granted patent. However, the landscape of IPR is constantly shifting. One particularly impactful change revolves around IPR estoppel, a legal principle that prevents a party from taking…
In an important move by Allen & Overy, the firm has chosen to enrich its IP partner profile by hiring an influential professional from Bird & Bird. In this strategic exchange of high-profiling lawyers, the key hire is Anna Wolters-Höhne. Her vast experience and expertise in guiding clients on proceedings at the Unified Patent Court,…
Recent happenings within the Federal Circuit and the USPTO are likely to influence the swiftly evolving patent strategy around medical technology. Notably, in a case involving catheter insertion technology, the Federal Circuit invalidated a patent. Meanwhile, the Patent Trial and Appeal Board (PTAB) evaluated the eligibility of subject matter relating to medical technology inventions in…
In a recent ruling, the Federal Court of Appeal (FCA) denied the motion by Janssen Inc., which sought a judicial review of the Office of Submissions and Intellectual Property’s (OSIP) refusal to list the Canadian Patent No. 3,113,837 on the Patent Register. This decision centers around two supplementary new drug submissions (SNDSs) for Janssen’s STELARA…
Pharmaceutical titan Regeneron has filed a weighty lawsuit against Samsung Bioepis Co., Ltd. The action, which took place in the U.S. District Court for the Northern District of West Virginia, targets an application for a biosimilar drug to Regeneron’s medication EYLEA. According to the legal documents submitted by JD Supra, Samsung Bioepis is accused of…
The U.S. Court of Appeals for the Sixth Circuit has dismissed a lawsuit against companies, including 3M and DuPont, on the basis that the plaintiff, Kevin Hardwick, lacked standing. Hardwick, who had been a firefighter for over 40 years, claimed that these organizations were responsible for the existence of PFAS (per- and polyfluoroalkyl substances) in…
The shift from a customer-centric perspective to one that values customer intimacy marks a critical evolution in the business world, particularly within the legal sector. This transition is fueled by the era of hyper-personalization, where the focus goes beyond one-time marketing events and leverages long-term drivers of growth while emphasizing the importance of customer lifetime…
In a crucial decision, the Federal Circuit has upheld the rights of the Patent Trial and Appeal Board (PTAB) to issue final decisions in post-grant review proceedings regardless of the statutory deadline. This is the first instance when the Court has contemplated such an issue, thereby setting a significant precedent for future cases. The case…
In today’s fast-paced, innovation-driven economy, securing and protecting intellectual property (IP) rights have become critically important for businesses. A recent study conducted by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) lends significant weight to this argument, especially in relation to European startups looking to secure venture capital (VC) funding….
In Federal Circuit 2023 case, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, Inc., the appeal from an unsuccessful challenger in an inter partes review (IPR) proceeding was dismissed. The basis of dismissal revolved around the failure to satisfy the standing requirements for appeal. As legal professionals, it is vital to understand the implications of this decision…
Recent amendments to reporting obligations under the Bayh-Dole Act are on the horizon, which could require significant adjustments for frequent receivers of federal aid like universities and research organizations JD Supra. Effective from October 1, 2023, these current changes may necessitate an update to agreement forms and reporting methods to stay abreast of the newly…
In an important shift, the Trademark Trial and Appeal Board (TTAB) has confirmed that there is no ingrained or rigid rule against the registration of characters for trademarks. The case that catapulted this topic to the fore is In re Joseph A. Stallard, reference no. 2023 USPQ2d 1009 (TTAB 2023). The argument revolves around the…
The intricate details of patent law often pose questions to even the most experienced legal professionals in both law firms and corporations. One such question pertains to the calculation of a patent term extension for a reissued patent. In the United States, the Patent Term Extension (PTE) provisions of 35 U.S.C. 256 were passed as…
The Federal Circuit recently took a deep dive into an age-old issue in the case of Barrday, Inc. v. Lincoln Fabrics, Inc., looking at when a claim should be construed more narrowly than its plain language would suggest. This decision on claim construction has far-reaching implications and is therefore essential reading for patent litigators. In…
The U.S. Federal Circuit Court of Appeals recently heard precedent-setting cases in patent law, which bear witness to the necessity of avoiding confrontations with courts and administrative bodies. As noted in the highly significant case PURDUE PHARMA LP v. COLLEGIUM PHARMA, INC. [OPINION] (2022-1482, 11/21/2023) presided over by Dyk, Hughes, and Stoll, it was decided…
Gathered at the iconic Mayflower Hotel in Washington D.C. for the first-ever Contingent Risk Insurance Conference, legal and financial professionals involved in high-stakes Intellectual Property (IP) disputes gleaned invaluable insights. Although the conference wasn’t specifically tailored to IP professionals, the event saw significant discussions regarding the convergence of litigation finance, insurance, and IP disputes. The…
The highest-ranking federal judge in Delaware has recently inferred that the attorneys from Texas who are a part of the renowned patent litigation financing firm, IP Edge, might be in violation of the law and their ethical duties. The lawyers are believed to have aggressively pursued settlements from various tech companies while concurrently running an…