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Results: 1-10 of 340

Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR
  • Marshall Gerstein & Borun LLP
  • 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 BiotechPharma PGR Final Written Decision Based On Written Description Challenge
  • Marshall Gerstein & Borun LLP
  • 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
  • Marshall Gerstein & Borun LLP
  • 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
  • Marshall Gerstein & Borun LLP
  • 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
  • Marshall Gerstein & Borun LLP
  • 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
  • Marshall Gerstein & Borun LLP
  • 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
  • Marshall Gerstein & Borun LLP
  • 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


Contour of Soup Can Saves Gravity Feed Display Design Patent
  • Marshall Gerstein & Borun LLP
  • USA
  • July 9 2018

Next trip to the grocery store, stop in the canned soup aisle and take a closer look at how the canned soups are displayed on the shelves. You may


When is There Standing to Appeal a PGR Final Written Decision?
  • Marshall Gerstein & Borun LLP
  • USA
  • July 5 2018

In Altaire Pharm., Inc. v. Paragon Biotek, Inc., Case No. 2017-1487 (Fed. Cir. May 2, 2018), the Federal Circuit reversed in part a PGR final written


Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute
  • Marshall Gerstein & Borun LLP
  • 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