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IP Intelligence
Federal Circuit’s Concern Regarding PTAB ‘Panel-Stacking’ – Back To The Future?
By Bill Smith
In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 2017 U.S. App. LEXIS 15923, Circuit Judge Dyk, in a concurring opinion joined by Circuit Judge Wallace, questioned “whether the…
IP Intelligence
<i>Visual Memory v. NVIDIA</i>: The Importance of a Robust Written Description
Introduction In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead,…
IP Intelligence
Federal Circuit Suggests Solution to Patent Owner’s Dilemma When Applicant for Biosimilar Product Refuses Discovery
By Allen Sokal
In Amgen, Inc. v. Hospira, Inc., Appeal No. 2016-2179 (Fed. Cir. Aug. 10, 2017), the Federal Circuit suggested what an owner of a reference product suing an applicant for a…
IP Intelligence
Regeneron Pharmaceuticals, Inc. v. Merus N.V.: The Federal Circuit Revisits the Defense of Inequitable Conduct
In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346, slip op. (Fed. Cir. July 27, 2017) (hereafter, “Slip Op.”), the Federal Circuit seems to have loosened the standards for finding…
IP Intelligence
USPTO Report on Patent Eligible Subject Matter
On July 25, the USPTO published a new report titled “Patent Eligible Subject Matter: Report on Views and Recommendations From the Public.” The report attempts to synthesize public comments…
IP Intelligence
The Federal Circuit Reverses a Hindsight Reconstruction of An Important Pharmaceutical Invention
By Allen Sokal, Stephanie Lodise, Ph.D., Laura Gordon
In Millennium Pharmaceuticals v. Sandoz,[1] the Federal Circuit reversed the district court’s holding of obviousness of certain claims of Millennium-owned U.S. Patent No. 6,713,446 (the ‘446 patent), finding that the…
IP Intelligence
“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants
Authored by: Kristie Butler, Summer Associate On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial…
IP Intelligence
The Supreme Court Delivers a Win for Biosimilar Manufacturers in <i>Sandoz v. Amgen</i>
By Laura Gordon
On June 12, 2017, the Supreme Court issued a unanimous opinion in Sandoz v. Amgen, interpreting key provisions of the Biologics Price Competition and Innovation Act (BPCIA) in favor of…
IP Intelligence
Determining Fair Use Under the Copyright Act: Judge Versus Jury
By Robert Welsh
When the Supreme Court ruled in 1998 that copyright infringement lawsuits were subject to the Seventh Amendment’s right to jury trial, the natural consequence of that ruling was that fair…
IP Intelligence
Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment
In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging trademarks under Section 2(a) of…