Brad M. Scheller
Mintz
Articles
Fintiv in Decline?
USA - February 17 2022 In 2020, the Patent Trial and Appeal Board (“PTAB”) announced six factors to be used in determining whether to institute an inter partes review…
Written Description Requirement Challenges: Federal Circuit Decision Sheds Light on How Expert Testimony Can Help
USA - January 21 2022 Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision…
USPTO’s New Deferred Subject Matter Eligibility Response Pilot Program
USA - January 21 2022 Recently, the U.S. Patent and Trademark Office (“USPTO”) published a notice informing the public that it will be implementing a pilot program (called…
Entire Market Value Rule Strikes Again in WDTX
USA - January 19 2022 On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire…
Patent Owner Tips for Surviving an Instituted IPR: From Depositions to Sur-Replies
USA - January 14 2022 As a Patent Owner in an instituted Inter Partes Review (IPR), there are dozens of considerations to bear in mind - from strategically approaching…
