Richard D. Kelly

Oblon

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Prophetic "Examples" Past, Present and Future

USA - July 14 2021 On July1 the USPTO issued a notice regarding prophetic examples reminding practitioners of the need to distinguish between examples actually…

NCE Status Now Limited Active Moieties

USA - May 4 2021 On April 23 President Biden signed into law changes narrowing the scope of eligibility for the non-patent “new chemical entity” (NCE) 5-year…

In re Rudy and the PTO 101 Guidance

USA - April 22 2021 The USPTO 101 Guidance document has been under a cloud when Judge Brinkema refused to follow the guidance in Cleveland Clinic Found. V. True Health…

GlaxoSmithKline v. Teva - Not a Skinny Label?

USA - March 1 2021 The decision in GlaxoSmithKline LLC. V Teva Pharms. (976 F.3d 1347 (Fed. Cir. 2020) has caused panic in the generic industry because it has been…

The "Skinny Label" - The Federal Circuit Has Second Thoughts

USA - February 10 2021 On Tuesday the Federal Circuit vacated its decision in GlaxoSmithKline LLC. V. Teva Parma., USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020) in response to…