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Expanded PTAB Panel Finds Sovereign Immunity Waived By Patent Enforcement

USA - December 20 2017 In a case of first impression, an expanded PTAB panel (including Chief APJ Ruschke) found that a parallel enforcement action by a patent owner waives…

PTAB Grants Rare Request for Additional Discovery In IPR

USA - October 26 2017 In Mylan v. Allergan (IPR2016-00127, Paper No. 73), the PTAB granted a rare request for discovery filed be Petitioner in response to summaries of data…

CAFC Eases Amendment Process In IPR Proceedings

USA - October 4 2017 Today in Aqua Products, Inc. v. Matal, a fractured Court of Appeals for the Federal Circuit (CAFC) t sitting en banc decided to flip the burden of…

Bradley Roush

Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review

USA - September 11 2017 As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under…

ANDA & Biosimilar and the Law

USA - July 10 2017 Welcome to Foley & Lardner’s Summer 2017 edition of ANDA & Biosimilar and the Law. In our Legal Developments section, we report on a number of…

Courtenay C. Brinckerhoff, Jayita Guhaniyogi, Ramy E. Hanna, Liane Peterson, Rebecca J. Pirozzolo-Mellowes