Blackbird Tech LLC sued ELB Electronics for infringing a patent claim related to retrofitting existing light fixtures with a more energy-efficient lighting apparatus. Blackbird Tech LLC v. ELB Electronics, Inc., No. 17-1703, slip op. at 3 (Fed. Cir. July
Life Science Legal Report
Significant Patent Decisions and Developments Affecting The Life Sciences Industry
Life Science Legal Report, published by Perkins Coie LLP, focuses on legal developments and issues in the life sciences sector, including biotechnology, pharmaceuticals, and medical devices. The blog covers topics such as patent disputes, regulatory challenges, intellectual property rights, and post-grant proceedings before the Patent Trial and Appeal Board (PTAB). It also addresses legislative and policy changes affecting life sciences innovation, patent priority and inventorship controversies, inter partes review (IPR) estoppel, and guidance on real parties-in-interest in post-grant proceedings. The blog provides updates on significant cases, USPTO rulemaking, and congressional inquiries relevant to life science legal practice.
Latest from Life Science Legal Report - Page 7
FDA Advisory Committee Materials Determined to be Publicly Available Prior Art
On July 13, 2018, in Jazz Pharms., Inc. v. Amneal Pharms., LLC, (Case Nos. 2017-1617, -1673, -1674, -1675, -1676, -1677, -2075), the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) holding that certain FDA advisory meeting minutes, transcripts,…
Federal Circuit Affirms that Tribal Sovereign Immunity Does Not Apply in IPRs
Today the Federal Circuit (Judges Moore, Dyk, and Reyna) ruled in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. that tribal sovereign immunity does not apply in IPR proceedings. The appeal represented the first opportunity for the Federal Circuit to…
Recent PTAB Rulings Reflect Greater Scrutiny Of Product-Label Prior Art
Drug product labels (also known as prescribing information) are often asserted as prior art by patent challengers, both in front of the PTAB and in district court ANDA litigation. Before the PTAB, using such prior art requires showing that it…
Did the AIA Change the On-Sale Bar Standard? The Supreme Court Will Decide.
The “on-sale bar” deems that certain sales of an invention that occur more than one year before a patent application is filed are a bar to patentability. See 35 U.S.C. § 102(b) (pre-America Invents Act (“AIA”)); 35 U.S.C. § 102(a)(1) (AIA). On…
USPTO’s Subject Matter Eligibility Guidance Evolves After Vanda Pharms. Inc. v. West-Ward Pharms.
In view of the Federal Circuit’s April 13, 2018 decision in Vanda Pharms. Inc. v. West-Ward Pharms., 877 F.3d 1117(Fed. Cir. 2018), regarding subject matter patent eligibility, the USPTO issued a memorandum on June 7, 2018, to “address[] the…
Federal Circuit Rules that Pre-SAS Appeals from Partially Instituted IPRs Can Proceed
SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018), established a clear rule requiring institution on all challenged claims in future IPR proceedings. But the Supreme Court’s April 24 decision created immediate uncertainty regarding the hundreds of IPRs in…
PTAB Sets Forth Updated Standards for Motions to Amend
On June 1, 2018, the Patent Trial and Appeal Board (“PTAB”) designated as informative its April 25, 2018 order regarding Motions to Amend. Western Digital Corp. v. Spex Techs. Inc., IPR2018-0082, IPR2018-00084 (PTAB April 25, 2018) (Paper 13). The…
Hindsight Is Not 20/20: PTAB Technology Center 1600 Decision Round-Up: Week of May 28 – June 1, 2018
At the end of a week shortened by the Memorial Day holiday, the PTAB (“Board”) issued just two decisions in Technology Center (TC) 1600 during the week of May 28. The Pfizer decision hammers home that hindsight is not always…
PTAB Technology Center (TC) 1600 Decision Round-Up: Week of May 21-25, 2018
Aside from a quick termination of IPR proceedings pending settlement in Argentum Pharmaceuticals LLC v. Cipla Ltd., No. IPR2017-00807 (Decision Entered May 21, 2018), the Board entered four decisions in TC 1600 during the week of May 21, all denying…