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Non-Patent Literature at the PTAB
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • June 12 2018

Typically, the Patent Trial and Appeals Board (PTAB) is thought to disfavor non-patent literaturethat is, “printed publications” under 35 U.S.C

Federal Circuit PTAB Appeal Statistics - May 15, 2018
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 12 2018

Through May 15, 2018, the Federal Circuit decided 364 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 276 (75

Chief Judge Guidance: SAS Impact, Motions to Amend, and Claim Construction
  • Jones Day
  • USA
  • June 8 2018

On June 5, 2018, Chief Judge David Ruschke and Vice Chief Judge Tim Fink of the Patent Trial and Appeals Board (PTAB) participated in a webinar

Uncertainty of IPR Estoppel in District Courts Continues
  • Baker Botts LLP
  • USA
  • June 5 2018

One of the early-recognized pitfalls of inter partes review (IPR) proceedings was the statutory estoppel of 35 U.S.C. 315(e)(2) barring petitioners

Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., No. 18-1638, Courtroom 201
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 1 2018

In this appeal from the PTAB, the Federal Circuit has been asked to consider whether the Saint Regis Mohawk Native American Tribe may assert sovereign

Methods of Treatment Survive Another 101 Challenge - Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd.
  • K&L Gates
  • USA
  • May 31 2018

On May 15, in Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., the U.S. District Court for the District of Delaware upheld two sets of

Litigation Continuity Means Earlier Time Bar Date
  • McDermott Will & Emery
  • USA
  • May 29 2018

The Patent Trial and Appeal Board (PTAB) denied petition for inter partes review (IPR) as time barred under 35 USC 315(b) when a first-filed

USPTO Issues New Alice Guidance
  • Buchanan Ingersoll & Rooney PC
  • USA
  • April 26 2018

On April 19, 2018, the United States Patent and Trademark Office (USPTO) issued a Memorandum (Subject Matter Eligibility Memo) providing additional

Jurisdiction for “Late Listed” Orange Book Patent and Injunction Based on Induced Infringement by Drug Label
  • Oblon
  • USA
  • April 25 2018

As reported earlier, the Federal Circuit in Vanda Pharm. Inc. v. West-Ward Pharm. Int’l. Ltd. held that jurisdiction exists under 35 U.S.C

Incorporation by Reference Is Not a Substitute for a Specific Priority Claim
  • Squire Patton Boggs
  • USA
  • April 25 2018

Under 35 U.S.C. 120, an application claiming benefit to the filing date of an earlier application must include a “specific reference” to the earlier