In a rather striking move, the Patent Trial and Appeal Board (PTAB) recently chose to rethink its previous judgments. Consequently, it agreed to a request for rehearing, thus instituting inter partes review (IPR) of a patent associated with web browsing. The board’s decision was shaped by the need to address a discrepancy with a prior…
The October 2023 Federal Circuit Review was a significant event for any law enthusiast and professionals, with a series of noteworthy judgments pronounced. Among them, Schwendimann v. Neenah, Inc was a case whose findings held considerable weight in affirming the role of substantial evidence in determining obviousness. In this appeal, the Federal Circuit underscored the…
The CaroSpir® (Spironolactone) case, officially known as CMP Development, LLC v. Amneal Pharms. LLC, held under civil docket number 21-549 (MN), turns the heads of many legal professionals across the globe. Indeed, it’s in the spotlight within the U.S. District Court in Delaware (D. Del. Sept. 29, 2023). Noreika J. presided over the case, a…
In a recent development, the U.S. Patent and Trademark Office (USPTO) revealed that it has initiated a separate bar specifically for practitioners of design patents. This significant distinction implies that individuals who focus on the realm of ornamental designs are no longer obligated to meet the typically stern engineering and scientific dictates that their standard…
In a notable development for the legal landscape, Am Law 200 firm Buchanan Ingersoll & Rooney announced their merger with the mid-Atlantic Intellectual Property (IP) boutique, RatnerPrestia. The merger is earmarked to be effective at the onset of January. Among the significant aspects of this union, a team consisting of twenty-two attorneys along with two…
Am Law 200 firm Buchanan Ingersoll & Rooney is merging with intellectual property boutique RatnerPrestia. This decision seems to be a strategic move for Buchanan, which intends to aggressively expand in the coming years. The merger deal will be effective from January 1, 2024, as we cross over into the new year.(Above the Law) This…
In an eagerly anticipated move, the Federal Circuit has declined the opportunity to establish a definitive rule on whether numerical ranges stated in a patent claim should be considered subject to rounding. This decision arose from the case between Malvern Panalytical Inc. and TA Instruments-Waters LLC, reported in a recent JD Supra article. The court…
Navigating the legal labyrinth of patent prosecution involves strategizing to dodge potential pitfalls that often emerge in post-grant proceedings. This dynamic is particularly highlighted in a recent decision by the U.S. Court of Appeals for the Federal Circuit. The case, Monterey Research, LLC v. STMicroelectronics, Inc., decided on October 26, 2023, saw the Federal Circuit…
Conflicting decisions between divisions of the Unified Patent Court (UPC) Court of First Instance are raising significant questions regarding public access to court files. The matter revolves around how the UPC Court of First Instance Divisions interpret and apply the Rules of Procedure (RoP). In a recent instance we analyzed, two orders put forth by…
On November 8, Regeneron Pharmaceuticals filed a patent infringement complaint against Celltrion in the U.S. District Court for the Northern District of West Virginia. The complaint accuses Celltrion of infringing on thirty-eight patents related to Regeneron’s EYLEA (aflibercept) under the Biologics Price Competition and Innovation Act (BPCIA). According to the complaint, the alleged infringements are…
Significant changes are underway as Buchanan Ingersoll & Rooney incorporates a 22-lawyer team and two patent agents from IP firm RatnerPrestia, according to Bloomberg Law. The sizeable addition directly bolsters Buchanan Ingersoll & Rooney’s intellectual property (IP) practice, representing an expansion of 65%. The transition is set to be completed by the start of the…
In a recent case hearing, a federal judge in Massachusetts granted summary judgment in favor of the Schepens Eye Research Institute (SERI). The ruling was regarding the only remaining claim of strict products liability based on an alleged design defect in a surgical implant, an assertion brought forward by plaintiff Nancy Daley. Indications are that…
In November 2023’s legal round-up, a significant case that drew the attention of the legal community was Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, Appeal No. 2022-1706 heard on November 7, 2023. The Federal Circuit in this case dismissed the appellant Allgenesis’s appeal of an inter partes review decision concerning Cloudbreak’s U.S. Patent No. 10,149,820….
In early November 2023, a significant response was submitted to public comments directed at the joint call by United States Patent and Trademark Office (USPTO), the International Trade Administration (ITA), and the National Institute of Standards and Technology (NIST). These organisations had previously requested public opinions regarding standards-related issues. Responding to this call, substantial public…
In an important development with far-reaching implications for the legal and tech communities, on October 30, President Biden issued an executive order concerning the safe, secure, and dependable development and use of artificial intelligence (AI). This executive order has a particular focus on patents and the evolving contexts of AI technology. The executive order mandates…
It was on October 30, 2023, when Judge Brian M. Cogan of the Eastern District of New York (E.D.N.Y) sent a shockwave through the legal community handling patent disputes. The judge controversially transferred a declaratory judgement patent dispute, originating from the E.D.N.Y, to the Central District of California. The rationale behind this transfer located its…
2023 marked a noteworthy year for developments in the patent world, largely driven by litigation funding. The rapid evolution of the litigation funding industry has far-reaching impacts on the patent litigation ecosystem, spawning a steady stream of discussions and analyses. Conferences are frequently at the heart of these conversations, and one such event creating waves…
The legal fraternity has been closely monitoring the United Therapeutics Corp. v. Liquidia Technologies, Inc. case from the U.S. Court of Appeals for the Federal Circuit, with some trepidation. This case is centered around the patent battles regarding a key pulmonary hypertension treatment, Tyvaso® (Treprostinil). Judges Lourie, Dyk, and Stoll presided over the appeal. The…
In the latest episode of Talking Ag Biotech, Keith Matthews was joined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the establishment of a new dispute resolution panel. This panel is a recent development amidst the ongoing genetically engineered (GE) corn dispute between the United States and Mexico under the U.S.-Mexico-Canada Agreement (USMCA)….
Further regulation of generic drug competition and drug pricing has been proposed in the latest move by the Federal Trade Commission (FTC). In line with a broader initiative to enforce antitrust laws more numerously, the FTC, on November 7, 2023, announced challenges addressing multiple patent listings by manufacturers of brand-name drugs. The patents under scrutiny…
The Federal Trade Commission (FTC) has officially challenged more than 100 patents listed by brand name drug manufacturers in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,” often known as the “Orange Book.” This action, which took place on November 7, 2023, has drawn considerable attention to listing requirements of…
The world of patent law constantly witnesses shifts and transformations due to the iterative decisions and interpretations of the Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO). To navigate this intricate labyrinth, practitioners need accurate, timely, and relevant guidance. Understanding these requirements, the Practising Law Institute (PLI) is organizing a…
K&L Gates has seen a crucial departure from its team in Tokyo, resulting in a separate legal entity taking the forefront for IP filing capabilities in Japan. Mitsuhiro Imamura, the firm’s only Japan-qualified patent attorney and partner, has reportedly parted ways with K&L Gates. Recent documentation from the Japan Patent Attorneys Association (JPAA) indicates that…
In a recent development, the Federal Trade Commission (FTC) has set its sights on inappropriate listings within the Orange Book – a comprehensive list of FDA approved drugs. The FTC announced in its September 2023 policy statement the intention to “scrutinize improper Orange Book listings” and to employ “its full legal authority” in taking decisive…
The United States Patent and Trademark Office (USPTO) provides significant benefits to patent applicants who qualify as “small entities,” most notably in the form of reduced official fees. However, certain factors can nullify a company’s eligibility for these benefits, and false claims, particularly regarding small or micro entity status, can result in serious penalties including…