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Federal court transfers patent owners’ reexamination challenge to Federal Circuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 15 2012

A federal court in the District of Columbia, addressing a statutory construction matter of first impression, has determined that the 1999 amendments to U.S. patent law do not allow a patent owner to file a civil suit in federal court challenging an adverse ex parte reexamination decision of the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (BPAI).


USPTO proposes rule to revise materiality standard after therasense decision
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The U.S. Patent and Trademark Office (USPTO) has announced its plan to “revise the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings in light of the decision by the U.S. Court of Appeals for the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co.


Federal Circuit reverses Patent Appeals Board on obviousness ruling and commercial success evidence
  • Shook Hardy & Bacon LLP
  • USA
  • January 13 2011

The Federal Circuit Court of Appeals has determined that the Board of Patent Appeals and Interferences incorrectly rejected on obviousness grounds a patent claim involving physical and air shields to prevent the clogging of a nozzle to a Wurster coater, which sprays coating material onto pharmaceutical ingredients.