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PTAB Abandons its Practice of Broadly Interpreting Claims of Challenged Patents in favor of Phillips Standard of “Ordinary and Customary Meaning”
  • Pepper Hamilton LLP
  • USA
  • October 11 2018

In a final rule published in the Federal Register on October 11, 2018, the U.S. Patent and Trademark Office (USPTO) took a remarkable step of

Federal Circuit Patent Update - October 2018
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • October 10 2018

NATURAL ALTERNATIVES v. IANCU OPINION (2017-1962, 10012018) (Prost, Moore, and Reyna) Prost, C.J. Affirming a PTAB inter partes reexamination

Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art
  • Jones Day
  • USA
  • October 5 2018

On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) that

High Court invalidates Gilead's SPC for 'TRUVADA' in UK
  • Potter Clarkson LLP
  • United Kingdom, European Union
  • October 2 2018

Hot on the heels of July's judgment from the Court of Justice of the EU (CJEU), Mr Justice Arnold has handed down his final decision in Teva v Gilead

Surprising or not:Nnoerr-Pennington Doctrine protects Novartis from two class action antitrust lawsuits
  • Faruki Ireland Cox Rhinehart & Dusing PLL
  • USA
  • September 24 2018

A defendant accused of violating the antitrust laws has a powerful, well-established defense, if it can prove it, of immunity based on the

How Selecting The Wrong Prior Art References Will Doom An IPR
  • Squire Patton Boggs
  • USA
  • September 24 2018

The Federal Circuit recently affirmed a Patent Trial and Appeal Board (“PTAB”) inter partes review (“IPR”) decision in Palo Alto Networks, Inc. v

Federal Circuit puts nail in coffin for petitioner’s case challenging casket patent
  • Marshall Gerstein & Borun LLP
  • USA
  • September 24 2018

In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed

Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings
  • Jones Day
  • USA
  • September 21 2018

Any person or entity may file an IPR proceeding to invalidate a patent, regardless of whether it faces a specific threat of infringement. An adverse

PTAB’s Interpretation of “Same or Substantially the Same Prior Art” Under 325(d)
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • September 20 2018

The PTAB has broad discretion under 35 U.S.C. 325(d) to deny institution if “the same or substantially the same prior art or arguments previously

Attorney General’s office may weigh in on constitutionality of IPRs involving Pre-AIA patents
  • Pepper Hamilton LLP
  • USA
  • September 19 2018

The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes