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Troutman Pepper | USA | 13 May 2020

Arthrex and Reexamination

Inter partes reexamination was a non-trial procedure that allowed third parties to participate in patent reexamination, and has now been replaced by…

Troutman Pepper | USA | 6 May 2020

Another Arthrex Limit

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…

Jones Day | USA | 17 Apr 2020

INFORMATIVE: Conference Paper Public Accessibility - Insufficient Proof

As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for…

Akin Gump Strauss Hauer & Feld LLP | USA | 8 Apr 2020

Priority Dispute Is Not Carte Blanche to Challenge Same Patent with Multiple IPR Petitions

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…

Michael Best & Friedrich LLP | USA | 11 Feb 2020

Northern District of California Declines to Expand IPR Estoppel Based on Non-Instituted Petitions

The Northern District of California recently determined that non-instituted inter partes review (IPR) petitions cannot be the basis of IPR estoppel…

Kramer Levin Naftalis & Frankel LLP | USA | 9 Jan 2020

Biosimilar Litigation Trends and Lessons Learned in 2019

It has been nearly 10 years since the U.S. Biosimilars Pathway (the Biologics Price Competition and Innovation Act) was enacted. The first biosimilar…

Kramer Levin Naftalis & Frankel LLP | USA | 9 Jan 2020

Biosimilars in 2020: What’s Ahead

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…

Bass, Berry & Sims PLC | USA | 2 Jan 2020

USPTO’S Precedential Opinion Panel Clarifies Requirements for a Printed Publication

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…

Banner Witcoff | USA | 19 Nov 2019

Merck Challenges PTAB’s Non-Obviousness Decision of Wyeth’s Patent

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…

Banner Witcoff | USA | 7 Nov 2019

Federal Circuit to Decide if Patentee is Bound by Earlier Statement to PTAB

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…
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