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Troutman Pepper | USA | 13 May 2020
Inter partes reexamination was a non-trial procedure that allowed third parties to participate in patent reexamination, and has now been replaced by…
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Troutman Pepper | USA | 6 May 2020
On May 5, 2020, the Federal Circuit issued a precedential order holding that IPR petitioners cannot seek the Arthrex do-over. One day later, the…
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Jones Day | USA | 17 Apr 2020
As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for…
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Akin Gump Strauss Hauer & Feld LLP | USA | 8 Apr 2020
A panel at the Patent Trial and Appeal Board (the “Board”) recently considered whether a dispute over a patent’s priority date justified filing two…
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Michael Best & Friedrich LLP | USA | 11 Feb 2020
The Northern District of California recently determined that non-instituted inter partes review (IPR) petitions cannot be the basis of IPR estoppel…
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Kramer Levin Naftalis & Frankel LLP | USA | 9 Jan 2020
It has been nearly 10 years since the U.S. Biosimilars Pathway (the Biologics Price Competition and Innovation Act) was enacted. The first biosimilar…
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Kramer Levin Naftalis & Frankel LLP | USA | 9 Jan 2020
The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March…
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Bass, Berry & Sims PLC | USA | 2 Jan 2020
In Hulu, LLC v. Sound View Innovations, LLC, Case IPR2018-01039, Paper 29 (P.T.A.B. Dec. 20, 2019) (precedential), the USPTO’s Precedential Opinion…
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Banner Witcoff | USA | 19 Nov 2019
Earlier this month, a panel of the U.S. Court of Appeals for the Federal Circuit consisting of Chief Judge Sharon Prost and Judges Timothy Dyk and…
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Banner Witcoff | USA | 7 Nov 2019
Should a patentee be held to all statements it makes about its claims? Does prosecution history estoppel flow from a patentee’s arguments no matter…