In a contentious judgment, the US Court of Appeals for the Federal Circuit consented to a district court’s allocation of over $5 million in attorney fees. The court held that the district court maintained its prerogative in considering the underlying litigation as “exceptional” under 35 U.S.C. § 285 as well as in the determination of…
The U.S. Court of Appeals for the Federal Circuit has created a precedent, dismissing an appeal from a final written decision in an inter partes review (IPR) proceeding. The petitioner, in this case, was ruled to have no standing due to the lack of injury in fact according to a report by JD Supra. The…
On November 8, 2023, the US Senate Judiciary Subcommittee on Intellectual Property convened to examine testimonies from four witnesses regarding the proposed Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL). The legislation, designed to dramatically shift the dynamics of Patent Trial & Appeal Board post-grant review and inter partes review proceedings, drew few…
In a notable event for U.S. patent law, United States Patent and Trademark Office (USPTO) Director Vidal recently utilized the Revised Interim Director Review Process to command a Delegated Rehearing Panel to reassess a choice denying the initiation of an inter partes review (IPR). This marked the first occasion where such a process has been…
The realm of zealous advocacy within law practice is often seen as a fine balance, a delineation that if crossed could result in severe consequences. A recent Federal Circuit decision affirms this notion vividly: in In re PersonalWeb Techs, a three-judge panel ruled a $5.2 million attorneys’ fee award to the alleged infringer after over…
Notably, two recent precedential decisions of the Federal Circuit contribute to the understanding of the contours of claim construction. This information helps to define when intrinsic evidence alone can sufficiently determine claim meaning and when extrinsic evidence becomes a necessity. The examination and development of these two cases shed light on vital issues that will…
In a crucial move from the Federal Trade Commission (FTC), notice letters were sent to ten brand drug manufacturers of drug-device combination products on November 7, 2023. The notice includes manufacturers of drugs delivered by asthma inhalers, epinephrine autoinjectors, and cyclosporine dropper bottles. These communications indicate FTC’s intention to avail itself of the regulatory process…
Historically, the ability to practice patent law has predominantly required a background in the hard sciences or engineering. However, this longstanding prerequisite is undergoing a significant transformation. The U.S. Patent and Trademark Office (USPTO) has recently announced the imminent introduction of a new bar exam specifically formulated for practitioners in the field of design patents….
The recent designation of the final written decision in Penumbra, Inc. v. RapidPulse, Inc. has brought forth significant discussion on the understanding of post-AIA prior art patents’ effective file dates. The case, considered precedential concerning section II.E.3. by the Director of the U.S. Patent Office, has primarily focused on the established holding in Dynamic Drinkware,…
In a move to expand the field of legal practitioners within design-focused areas of intellectual property law, the US Patent and Trademark Office (USPTO) has announced its plan to implement a new design patent bar. This new bar will modify the admission criteria for attorneys looking to practice in certain administrative proceedings at the agency….
The Patented Medicine Prices Review Board (PMPRB), in its ongoing effort to enhance pricing controls for patented medicines, has taken a considerable step forward. In line with their previous announcement, a fundamental phase of discussions on new regulations has been initiated. On November 10, 2023, the PMPRB released its comprehensive Scoping Paper for the Consultations…
The market value of cell therapy products in the U.S. stands at an estimated $4.5 billion and is expected to increase to over $30 billion in the next decade. It is apparent that as this market value surges, the industry is likely to witness an escalation in litigation. As legal professionals, we must be aware…
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….