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Insights: Alerts USPTO Guidance on Subject Matter Eligibility of Method of Treatment Claims
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • June 20 2018

On June 7, 2018, the USPTO issued a memorandum to patent examiners based on the recent Federal Circuit decision in Vanda Pharmaceuticals Inc. v

Unsupported Expert Opinion Insufficient To Contradict The Prior Art
  • Jones Day
  • USA
  • June 14 2018

In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2016-1671, 2018 WL 2407172 (Fed. Cir. 2018), a divided panel of the Federal Circuit reversed a

USPTO Proposes Change in Claim Construction Standard for Post-Grant Proceedings
  • Baker Botts LLP
  • USA
  • June 14 2018

Since the enactment of the America Invents Act in September 2012, the USPTO has evaluated a patent’s validity in post-grant proceedings1 with a

PTAB Provides Guidance on Motion to Amend Practice
  • Buchanan Ingersoll & Rooney PC
  • USA
  • June 12 2018

In Western Digital Corp v. SPEX Tech, the PTAB provides guidance on motion to amend practice in inter partes review (IPR) proceedings at the Patent

Collateral Estoppel May Be Applied Sua Sponte to Co-Pending Actions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 6 2018

In XY, LLC v. Trans Ova Genetics, L.C., the Federal Circuit applied collateral estoppel sua sponte following a related decision upholding the

Can Challengers Now Attack Subject Matter Eligibility in Inter Partes Reviews?
  • Banner & Witcoff Ltd
  • USA
  • May 31 2018

The statute authorizing inter partes reviews (IPR) explicitly limits the grounds for cancellation to Sections 102 and 103 of the patent statute:

Ignore PTAB Precedent At Your Peril
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • May 30 2018

Given the popularity of AIA post-grant proceedings, many patent litigators have been newly drawn into proceedings before the Patent Trial and Appeal

The Printed Matter Doctrine - Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd.
  • Haynes and Boone LLP
  • USA
  • May 23 2018

In Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd., 2016-2616, -2656 (Fed. Cir. May 16, 2018), in a decision authored by Judge Lourie, the

Patents: Developing Issues in Post Grant Patent Challenges
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • May 16 2018

4 Key Takeaways: Supreme Court Update: The Supreme Court’s recent Oil States v. Green’s Energy Group

In Inter Partes Review, Ride the Phillips Horse You Came In On
  • Banner & Witcoff Ltd
  • USA
  • May 8 2018

Inter partes reviews (IPR) at the Patent Trial and Appeal Board (PTAB) can now proceed apace, as the U.S. Supreme Court just found them constitutional