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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)

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