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Institution Denied: Pending Federal Circuit Appeal Warrants Denial of IPR
  • Jones Day
  • USA
  • July 27 2018

The PTAB recently exercised its discretion to deny institution of an IPR proceeding because a potentially dispositive claim construction issue was

Is the Government a “Person” Who May Institute PTAB Trials?
  • Jones Day
  • USA
  • July 11 2018

The America Invents Act (“AIA”) provides that a “a person may not file a petition for covered business method review unless the person or the

Patent Wars: Genome Editing
  • Banner & Witcoff Ltd
  • USA
  • July 9 2018

The hotly contested patent rights to CRISPR-Cas9 "genome editing" technology are still unsettled, as two groups of inventors await a decision from the

USPTO issues new 101 guidance - moving on from Mayo
  • Boult Wade Tennant LLP
  • USA
  • June 27 2018

The USPTO has recently published a memo for its Examiners following the Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v West-Ward

Patent LawPrior Art
  • Mayer Brown
  • USA
  • June 25 2018

The Leahy-Smith America Invents Act (AIA) prohibits patents from issuing for “prior art.” Prior art has long included inventions that were already in

Earlier Disclosure Conveys Possession of Invention, Is Not Invalidating Reference
  • McDermott Will & Emery
  • USA
  • April 27 2018

Addressing the written description requirement under 35 USC 112, the US Court of Appeals for the Federal Circuit found that an international

First AIA Derivation Trial Instituted by PTAB
  • Pepper Hamilton LLP
  • USA
  • March 29 2018

On March 21, 2018, the Patent Trial and Appeal Board (“PTAB”) instituted the first AIA derivation proceeding to determine whether patent claims to a

Incorporation by Reference Users Beware
  • Jones Day
  • USA
  • March 8 2018

In an appeal from final written decisions of the Patent Trial and Appeal Board (“Board”) in six inter partes review (IPR) proceedings where Ford Motor

  • Marshall Gerstein & Borun LLP
  • USA
  • February 21 2018

In re Janssen Biotech, Inc., Appeal 2017-1257 (Fed. Cir. Jan. 23, 2018), is a cautionary tale concerning patents protecting a blockbuster drug

The Entire Market Value of a Product May Be Used as a Base for Calculating Royalties Without Showing that the Inventive Features Drove Market Demand
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 7 2018

The Federal Circuit permitted a damages expert to use the entire market value of an accused lawn mowerthe sales price of the moweras a