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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
Knobbe Martens | USA | 7 Oct 2019
Completion of Phase I Safety Trials for FDA Approval May Not Be Sufficient to Show Reasonable Expectation of Success
Apotex requested an Inter Partes Review of OSI’s patent directed to a method for the treatment of non-small cell lung cancer (“NSCLC”) using
Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 8 Jul 2019
Riding on popularity of foreign brands
Goods produced outside the Philippines are commonly perceived as being of better quality and, given their higher price point, are purchased by those
Pepper Hamilton LLP | USA | 26 Apr 2019
Neptune Generics, LLC v. Eli Lilly & Co., No. 2018-1257 (Fed. Cir. Apr. 26, 2019).
This appeal concerned 10 inter partes reviews (IPRs) filed by petitioners Neptune Generics, Fresenius Kabi USA and Mylan Laboratories against all of
Jones Day | USA | 16 Apr 2019
PTAB Designates Chevron and Deeper Informative
On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. 314(a)
