Courtenay C. Brinckerhoff
Foley & Lardner LLP
Articles
PTAB Enters Sua Sponte Patent Eligibility Rejections
USA - February 6 2018 We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be...
Federal Circuit Emphasizes Need For Reasonable Expectation Of Success
USA - January 30 2018 In Genzyme Corp. v. Dr. Reddy’s Labs. Ltd., the Federal Circuit affirmed the district court decision upholding Genzyme’s Orange Book listed patent for...
Three Things To Know About Rule 130 Declarations
USA - January 23 2018 A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D...
How Much Is That Issue Fee Payment In The Window?
USA - January 18 2018 A new USPTO fee schedule took effect on January 16, 2018, which usually means that all fees must be paid at the new (higher) rate. However, thanks to...
Prosecution History Informs Claim Meaning Even Without Unmistakable Disclaimer
USA - January 9 2018 Although non-precedential, the Federal Circuit decision in Aptalis Pharmatech, Inc. v. Apotex Inc. is worth a read to see how the court “tiptoes” the...
