Posts filtered by tags: Federal Circuit[x]
More Monkey Business in IP LawMay 17, 2019 at 11:43 AM  Tags: Law, Patent, Fed, Katz, Federal Circuit, Dennis Crouch, PTAB 97 people like this. Like United States: Federal Circuit Holds That ITC's Trademark Decisions Are Not Binding On District Courts, Creating A Potential Circuit Split - Ropes & Gray LLPMay 17, 2019 at 5:37 AM The U.S. International Trade Commission, a quasi-judicial independent agency based in Washington, D.C., is a common forum for patent, trademark, and trade secret disputes.Tags: News, Washington, United States, Itc, Federal Circuit, U S International Trade Commission, Gray LLP 36 people like this. Like United States: Federal Circuit Affirms ITC's Non-Institution Decision, Offering Guidance For Future FDCA-Related Section 337 Claims - Ropes & Gray LLPMay 16, 2019 at 5:12 AM In its long-awaited decision in Amarin Pharma. v. ITC, the Federal Circuit provided guidance on the U.S. International Trade Commission's discretion to decline to institute an investigation under section 337 of the Tariff ActTags: News, United States, Itc, Federal Circuit, U S International Trade Commission, Gray LLP, Amarin Pharma, Federal Circuit Affirms ITC 33 people like this. Like Federal Circuit has No Opinion; Senju Asks the Supreme Court for ItsMay 15, 2019 at 12:24 PM  Tags: Supreme Court, Law, Court, Graham, Fda, Patent, U S Supreme Court, Federal Circuit, Ding, Patent Trial and Appeal Board, Patent and Trademark Office, Dennis Crouch, Akorn, Akorn Inc, Wake Forest L Rev, John Deere Co 82 people like this. Like United States: Supreme Court Denies Cert On Tribal Sovereign Immunity Question - Jones DayMay 14, 2019 at 10:50 PM On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit's ruling that tribal sovereign immunity does not apply in inter partes reviews.Tags: News, Supreme Court, United States, Federal Circuit, Saint Regis Mohawk Tribe 29 people like this. Like Peter v. NantKwest: Attorney Fees for Challenging PTO DecisionsMay 14, 2019 at 3:12 PM Peter v. NantKwest, Inc., No. 18-801 (Supreme Court 2019)
I believe there are many situations where it makes sense to award reasonable costs and attorney fees to the prevailing party. It goes further to ensure that the injured party is ‘made whole’ and it also discourages folks to push forward with weak arguments.
That said, I don’t like 35 U.S.C. 145. That provision awards the USPTO “all the expenses of the proceedings” regardless of whether the agency wins or loses. The provision works to di...Tags: Supreme Court, Law, Uspto, Francisco, Patent, Peter, PTO, Federal Circuit, United States Patent and Trademark Office, NantKwest, Iancu, NantKwest Inc, Noel Francisco, Irell, NantKwest However, Laura Peter 39 people like this. Like If you want it, Claim itMay 14, 2019 at 11:01 AM by Dennis Crouch
Two prosecutions lessons from this case: (1) if you are concerned about obviousness, be careful of broadening statements in the specification; (2) if you want to claim a particular action, particularly claim it.
BTG Int’l. Ltd. v. Amneal Pharms. LLC (Fed. Cir. 2019) [BTG_Decision]
This is a consolidated appeal from four different district court cases and five different inter partes review cases. All the cases focus on BTG’s U.S. Patent No. 8,822,438 (hormone based chemotherap...Tags: Law, BTG, Patent, District Court, PTO, Federal Circuit, Dennis Crouch, PTAB, BTG Int ' l Ltd, Amneal Pharms LLC Fed 23 people like this. Like Although Motivated to Try; No Reasonable Expectation of SuccessMay 13, 2019 at 12:21 PM  Tags: Law, Novartis, Patent, Fed, Hikma, RCC, Pfizer Inc, Procter Gamble Co, Federal Circuit, Dennis Crouch, Apotex Inc, Teva Pharm USA Inc, PHOSITA, Novartis Pharm Corp, West Ward, West Ward Pharm Int ' l Ltd 129 people like this. Like Who needs Proof of Actual Confusion? Not a TM PlaintiffMay 9, 2019 at 1:49 PM  Tags: Law, Commission, DuPont, Segway, Itc, Patent, Fed, Swagway, Federal Circuit, The Commission, Dennis Crouch Swagway, ITC Fed, See In re Guild Mortg Co 111 people like this. Like Federal Circuit: “The Doctrine of Equivalents Applies ONLY in Exceptional Cases”May 8, 2019 at 10:36 PM Amgen Inc. v. Sandoz Inc. (Fed. Cir. 2019)
Amgen sued Sandoz for infringing its U.S. Patents 6,162,427 and 8,940,878. Both patents relate to Amgen’s biologic products (filgrastim and pefilgrastim) used as treatments for neutropenia. The lawsuit here is unique because it was filed under Biologics Price Competition and Innovation Act (“BPCIA”). As an add-on to Hatch-Waxman, the BPCIA defines submission of an FDA biosimilar application (aBLA) as a form of patent infringement. See 35 U.S.C. § 271(...Tags: Law, Fda, Patent, Fed, Amgen, Hatch Waxman, Federal Circuit, Amgen Inc, Sandoz, Sandoz Inc Fed, Duncan Parking Techs Inc, Filgrastim Pegfilgrastim, IPS Grp Inc 34 people like this. Like United States: Oracle v. Google - An Epic Software Battle - Oblon, McClelland, Maier & Neustadt, L.L.PMay 7, 2019 at 10:04 PM Google has petitioned the U.S. Supreme Court for certiorari in a copyright infringement suit brought by Oracle after the Federal Circuit twice ruled in favor of Oracle.Tags: Google, News, United States, Oracle, U S Supreme Court, Federal Circuit, Oblon McClelland Maier, Neustadt L L P. Google 44 people like this. Like 102(f), Where have you Gone?May 7, 2019 at 11:18 PM  Tags: Law, Fda, Delaware, AIA, Patent, Federal Circuit, Stoll, Wallach, Endo, Mallinckrodt, Clevenger, Actavis, Actavis Fed 126 people like this. Like United States: Communications With, And Criticism By, FDA In Analyzing Obviousness - Jones DayMay 7, 2019 at 5:04 AM The Federal Circuit rejected Neptune's argument.Tags: News, United States, Fda, Neptune, Federal Circuit 14 people like this. Like United States: Federal Circuit Scrutinizes Written Description In Provisional Application - Foley & LardnerMay 6, 2019 at 11:06 PM Provisional applications tempt stakeholders with the possibility of securing a filing date on an expedited basis and limited budget,Tags: News, United States, Foley, Federal Circuit, Lardner 16 people like this. Like United States: Federal Circuit Holds That Claims Directed To A Specific Method Of Treatment For Specific Patients Using A Specific Compound At Specific Doses To Achieve A Specific Outcome Satisfy 35 U.S.C. §101 - Khurana and KhuranaMay 6, 2019 at 8:26 AM On March 28, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion in Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., reversing a decision by the United StatesTags: News, United States, Federal Circuit, Teva Pharmaceuticals USA Inc, Endo Pharmaceuticals Inc, Court of Appeals for the Federal Circuit CAFC, Khurana 5 people like this. Like United States: Federal Circuit PTAB Appeal Statistics Through March 15, 2019 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPMay 5, 2019 at 10:51 PM Through March 15, 2019, the Federal Circuit decided 495 PTAB appeals from IPRs and CBMs.Tags: News, United States, Federal Circuit, PTAB, Finnegan Henderson Farabow Garrett, Dunner LLP, Federal Circuit PTAB 4 people like this. Like United States: Developing Optional Feature Did Not Disrupt "Diligent" Reduction To Practice - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPMay 3, 2019 at 1:32 AM In ATI Technologies ULC v. Iancu, Nos. 2016-2222, -2406, -2608 (Fed. Cir. Apr. 19, 2019), the Federal Circuit reversed the Board's decision that certain claims of ATI Technologies'Tags: News, United States, Board, Federal Circuit, Fed Cir, Finnegan Henderson Farabow Garrett, Dunner LLP, Iancu Nos, ATI Technologies ULC 48 people like this. Like Unfair Competition at the USITCMay 2, 2019 at 11:36 AM  Tags: Law, United States, Fda, Epa, Itc, Patent, Fdca, Hughes, Federal Circuit, Coca Cola Co, Wallach, Prost, The Commission, USITC, Amarin, International Trade Commission Fed 129 people like this. Like United States: Understanding Antedating Of A Prior Art Reference For A Patent - MintzMay 2, 2019 at 7:19 AM The Federal Circuit's decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice beforeTags: News, United States, Federal Circuit, Mintz, Iancu, ATI Technologies ULC 46 people like this. Like United States: Omega Patents Showcases The Need To Specifically Identify Prior Art And The Bases Of Willful Infringement - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPMay 2, 2019 at 1:44 AM In Omega Patents, LLC v. CalAmp Corporation, No. 2018-1309 (Fed. Cir. April 8, 2019), the Federal Circuit affirmed a finding that the asserted claims of four patents are not invalid,Tags: News, United States, Federal Circuit, Fed Cir, Omega Patents LLC, Finnegan Henderson Farabow Garrett, Dunner LLP, CalAmp Corporation 34 people like this. Like United States: Forum Selection Clause May Preclude PTAB Proceedings - Jones DayMay 1, 2019 at 11:06 PM The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause.Tags: News, United States, Federal Circuit, PTAB 16 people like this. Like TTI v. IBG: Federal Circuit clarifies meaning of “technical solution to a technical problem”May 1, 2019 at 2:32 PM Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 19, 2019). Panel: Moore (author), Mayer, and Linn Download TTI v IBG (April 18, 2019)
Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 30, 2019), Panel: Moore (author), Clevenger and Wallach. Download TTI v. IBG (April 30, 2019)
This is a long post since it covers two opinions addressing Covered Business Method (CBM) review for business method claims, pl...Tags: Apple, Law, Uspto, Patent, Sap, Alice, Fed, Board, Moore, Reyna, Mayer, Federal Circuit, Wallach, CBM, Clevenger, Linn 16 people like this. Like In re Morinville: Biz.Orgs. Not Patent EligibleApril 30, 2019 at 10:59 AM  Tags: Law, Patent, Alice, Newman, PTO, Federal Circuit, Gene Quinn, PTAB, Morinville, Paul Morinville Fed 63 people like this. Like United States: PTAB: Federal Circuit's Click-To-Call Holding Applies To Statutory Bar Under 35 U.S.C. § 315(a) - Akin Gump Strauss Hauer & Feld LLPApril 30, 2019 at 5:43 AM The Patent Trial and Appeal Board (the "Board") vacated its institution decision and terminated an inter partes review (IPR) filed by Mylan Pharmaceuticals, Inc.Tags: News, United States, Federal Circuit, IPR, Gump Strauss Hauer, Feld LLP, Appeal Board the Board 37 people like this. Like United States: Federal Circuit Holds That PTAB Applied "Too Rigid Standard" In Determining Whether Inventor Was Diligent In Reducing Invention To Practice - Akin Gump Strauss Hauer & Feld LLPApril 30, 2019 at 5:18 AM The Federal Circuit reversed an inter partes review (IPR) decision holding that the Patent Trial and Appeal Board (the "Board")Tags: News, United States, Federal Circuit, IPR, Gump Strauss Hauer, Feld LLP 16 people like this. Like Eligibility Cannot be Raised in IPR AppealApril 29, 2019 at 10:46 PM  Tags: Law, Court, Fda, Patent, Fed, Lilly, Federal Circuit, IPR, PTAB, Eli Lilly Fed, PTAB Board, Neptune Generics, Eli Lilly Fed Cir, Mylan Labs 77 people like this. Like United States: The Federal Circuit Deals Another Blow To Diagnostic Method Patents - BakerHostetlerApril 29, 2019 at 10:54 PM In another setback for diagnostic method patents, the Federal Circuit rejected efforts by patent owner/appellant Cleveland Clinic.Tags: News, United States, Federal Circuit 13 people like this. Like United States: Claims Reciting Specific Method For Treating Specific Patients Found Patent Eligible - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPApril 26, 2019 at 3:59 AM In Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., No. 2017-1240 (Fed. Cir. Mar. 28, 2019), the Federal Circuit reversed a decision of invalidity under 35 U.S.C. § 101, holding instead that the method of treatment claims were patent eligible for claiming an application of a natural relationship and not the natural relationship itself.Tags: News, United States, Federal Circuit, Teva Pharmaceuticals USA Inc, Endo Pharmaceuticals Inc, Fed Cir, Finnegan Henderson Farabow Garrett, Dunner LLP 28 people like this. Like United States: The Federal Circuit Addresses Who Has Standing To Challenge Commerce Scope Rulings - Akin Gump Strauss Hauer & Feld LLPApril 26, 2019 at 2:17 AM Let's say you import widgets that potentially fall within the scope of an antidumping or countervailing duty ordeTags: News, United States, Federal Circuit, Gump Strauss Hauer, Feld LLP, Challenge Commerce Scope Rulings Akin 40 people like this. Like My new mark: “TRADEMARK 2.0”April 25, 2019 at 1:27 PM Tags: Law, Georgia, Patent, Federal Circuit, Dennis Crouch VersaTop, Georgia Expo Fed, VersaTop, Georgia Expo, VersaTop See Georgia Expo, Federal Circuit Georgia Expo 103 people like this. Like |
