By Michael Borella and Walter DeGroft[1] –For the fifth consecutive year, we have surveyed how the Patent Trial and Appeal Board (PTAB) decides appeals of § 101 rejections from examiners. Readers of the previous installments will know the drill
By Kevin E. Noonan –
In a nonprecedential opinion, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board that the claim challenged in an ex parte reexamination was invalid for anticipation in In re Magnolia Medical
By Michael Borella –
More than a decade after Alice Corp. v. CLS Bank Int’l, the two-step framework for patent eligibility under 35 U.S.C. § 101 remains as contentious as ever. Courts, commentators, and the U.S. Patent and Trademark
By Kevin E. Noonan –
The Federal Circuit affirmed a District Court determination that method claims reciting administration of a modification of an established antibiotic by adding magnesium to the composition were infringed and not invalid in Melinta Therapeutics, LLC
By Michael Borella –
By Donald Zuhn –
The U.S. Patent and Trademark Office has published a final rule in the Federal Register (an unpublished version of the notice, which will be published on June 24, can be found here), in which the
By Kevin E. Noonan –
In a nonprecedential decision, the Federal Circuit recently affirmed a district court’s finding that innovator drugmaker Otsuka Pharmaceutical failed to show generic competitor Lupin infringed (or would infringe, if it marketed an FDA-approved generic version
The Supreme Court issued an Order this morning denying certiorari in Newman v. Moore. The Court’s Order states that:
The motion for leave to file a brief in opposition under seal with redacted copies for the public record is granted.
By Kevin E. Noonan –
At the beginning of June, the New Civil Liberties Alliance (representing Judge Paulene Newman) filed the Judge’s Reply Brief to the Federal Circuit Judicial Council’s Opposition to her Petition for Certiorari*. The brief specifically identifies
By Kevin E. Noonan –
The Judicial Council of the Federal Circuit, represented by the U.S. Solicitor General, recently filed its Respondents’ Brief in Opposition to Judge Pauline Newman’s Petition for Certiorari. While the brief followed its expected path of
