We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Articles: 1-10 of 265

Trial Practice Guide Updates and Future Fee Increases

USA - August 13 2018 Today’s Federal Register includes a notice that the Patent Office updated its August 2012 Trial Practice Guide. The Federal Circuit recently noted…

Federal Circuit Reverses, i.e. Overturns, Board’s Anticipation Decision Due to Overbroad Claim Construction

USA - August 13 2018 In TF3 Ltd. v. Tre Milano, LLC, Appeal 2016-2285 (Fed. Cir. July 13, 2018), the Federal Circuit reversed the Patent Trial and Appeal Board’s final…

Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR

USA - August 9 2018 The Federal Circuit recently affirmed the PTAB’s decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma…

PTAB Issues First Biotech/Pharma PGR Final Written Decision Based On Written Description Challenge

USA - August 8 2018 The Patent Trial and Appeal Board has received 37 petitions for post grant review of patents issuing from examination conducted by the Patent Office’s…

Federal Circuit Splits Hairs in Hair Removal Product Interference Proceeding

USA - August 7 2018 In General Hospital Corp. v. Sienna Biopharmaceuticals, Inc., Case No. 2017-1012 (Fed. Cir. May 4, 2018), the Federal Circuit affirmed the PTAB’s…

Proposed Hatch-Waxman Amendment Would Effectively Eliminate IPR Challenges by Generics

USA - August 3 2018 On June 13, 2018, Senator Orrin Hatch (R-UT) introduced to the Senate Judiciary Committee an amendment to restore the careful balance sought in the…

Federal Circuit Admonishes PTAB for Taking Short-cuts

USA - July 31 2018 In Application in Internet Time v. RPX Corp., Nos. 2017-1698, -1699, -1701 (Fed. Cir. July 9, 2018), the Federal Circuit decided that the Patent Trial…

CBM Case Remanded to Determine if Claims are CBM Eligible under Unwired Planet

USA - July 24 2018 In Unwired Planet, LLC v. Google Inc., 841 F.3d 1346 (Fed. Cir. 2016), the Federal Circuit determined that the PTAB was using an…

PTAB May Cite New References Not Cited in the IPR Petition

USA - July 13 2018 In affirming a PTAB IPR decision canceling claims for obviousness, the Federal Circuit concluded that the PTAB’s reliance on references not included…

Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute

USA - June 26 2018 The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018)…