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Results: 1-10 of 593

Asset Transferee Cannot Appeal Reexamination
  • Foley & Lardner LLP
  • USA
  • February 4 2016

The Federal Circuit dismissed the appeal in Agilent Technologies, Inc. v. Waters Technologies Corp., because the appellant was not a “third-party


High Stakes Race Between Apple and VirnetX: Will PTAB Trump The Texas Jury's Award of $326.5M?
  • Foley & Lardner LLP
  • USA
  • February 3 2016

A Texas jury today raised the stakes even higher in a race involving parallel proceedings between the PTAB and Texas district court when it found


Purdue OxyContin Patents Invalid Despite Stemming From Discovery Of Source Of Toxic Impurity
  • Foley & Lardner LLP
  • USA
  • February 2 2016

In Purdue Pharma L.P. v. Epic Pharma LLC, the Federal Circuit affirmed the district court decision holding four OxyContin patents invalid as obvious


Split Federal Circuit Upholds Constitutionality of Single PTAB Panels Rendering Both Institution & Final Written Decisions
  • Foley & Lardner LLP
  • USA
  • January 29 2016

On January 13, 2016, the Federal Circuit affirmed the decision of the PTAB in Ethicon Endo-Surgery, Inc. v. Covidien LP, IPR2013-00209, that all of


Incomplete Restriction Requirement Stops Clock For Patent Term Adjustment
  • Foley & Lardner LLP
  • USA
  • January 26 2016

In Pfizer v. Lee, the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Virginia that upheld the USPTO's


U.S. Supreme Court Accepts Appeal of First Inter Partes Review Decision: Could Mark a Significant Turning Point in Claim Construction at the PTAB
  • Foley & Lardner LLP
  • USA
  • January 19 2016

The U.S. Supreme Court accepted its first appeal from the Federal Circuit involving an inter partes review (IPR) styled Cuozzo Speed v. Lee, which is


Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners
  • Foley & Lardner LLP
  • USA
  • January 16 2016

Yesterday the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding


Denying Prior Art Status In PTAB Proceedings: Petitioner's Failure to Show Section 112 Support in Priority Applications May Be Fatal
  • Foley & Lardner LLP
  • USA
  • January 15 2016

Several of our recent posts have discussed petitioners' use of priority denial to attack patents with intervening prior art, but the issue of


PTAB Trial Standard Of Review Requires Affirmance Despite Contrary Evidence
  • Foley & Lardner LLP
  • USA
  • January 14 2016

In Merck & Cie v. Gnosis S.p.A., the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) that held the challenged


Losing Competing Property Not A Teaching Away
  • Foley & Lardner LLP
  • USA
  • January 12 2016

In In re Urbanski, the Federal Circuit upheld the decision of the USPTO Patent Trial and Appeal Board (PTAB) finding the claims of Urbanski's patent