Mike Jespersen

Photo of Mike Jespersen

Latest Articles

In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co., the Federal Circuit dismissed Momenta’s appeal from an adverse IPR decision for lack of standing after Momenta suspended its potentially infringing biosimilar development activity.  Although Momenta had been pursuing such activity when appellate proceedings began, the court dismissed the appeal for mootness/lack of standing because Momenta had ceased its development program and “no concrete plans [were] afoot” implicating the patent claims challenged in the underlying IPR.[1]
In August, the Federal Circuit addressed the 35 U.S.C. § 315(b) one-year time bar to IPR institution in Click-to-Call Technologies, LP v. Ingenio, Inc. In an en banc footnote, the court held that an IPR cannot be instituted when the IPR petitioner has been served with a patent infringement complaint more than one year before filing its IPR petition, even if the underlying district court action has been voluntarily dismissed without prejudice.[1] In so…
Under the America Invents Act, manufacturers possess a powerful tool for combatting overly broad competitor patents: inter partes review (IPR). IPR allows any party to challenge one or more patent claims by filing a petition with the Patent Trials and Appeals Board (PTAB) at the United States Patent and Trademark Office (USPTO), showing that the challenged claims are likely invalid on specific grounds. A petitioner is not required to show that it has suffered actual…