Topic
Patent Validity
197 published works
Biosimilars Law Bulletin
Pfizer Loses Out On Its Follow-On Petition Challenges to Genentech’s anti-HER2 Patents Because It Did Not Follow <i>General Plastics</i> Guidance
Recently, Pfizer was denied institution of two follow-on inter partes review (IPR) petitions, IPR Nos. 2018-00330 and 2018-00331 (“the 2018 petitions”), filed on December 18, 2017, asserting invalidity of Genentech…
The IP Law Blog
Federal Circuit Affirms Tribal Immunity Does Not Apply in Inter Partes Review Proceedings Before the USPTO
In Saint Regis Mohawk Tribe et al. v. Mylan Pharmaceuticals Inc. et al., the U.S. Court of Appeals for the Federal Circuit held that Native American tribal sovereign immunity does…
DuetsBlog
Can a YouTube Video Invalidate a Patent? It’s Certainly Possible
By Kyle Kroll
One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and…
Law Trends
The Supreme Court Tells PTAB “All or Nothing”: <i>SAS Institute v. Iancu</i>
By Miller Nash Graham & Dunn LLP
The Supreme Court recently issued an opinion that will increase the certainty for parties to a patent dispute of whether the validity of challenged claims will be decided in a…
New England IP Blog
In Face of Separation of Powers Challenge, Supreme Court Upholds Patent Office Inter Partes Review
Some call it the patent death squad. Others laud it as a powerful weapon in the battle against patent trolls. Whatever one’s opinion on the matter, the Supreme Court yesterday…
PTABWatch
The Supreme Court Finds IPR Proceedings Constitutional
Inter partes review (IPR) is a procedure that allows a party to challenge the validity of an issued patent based on prior art patents or printed publications. IPRs first became…
Patent Challenges
USPTO Giveth and USPTO Taketh Away: Supreme Court Upholds Constitutionality of AIA Reviews
In its long-awaited Oil States decision, the United States Supreme Court today held that the Constitution does not preclude the United States Patent and Trademark Office (USPTO) from reviewing the validity…
Global IP & Technology Law Blog
Texas Court Finds IPR Estoppel Extends To Grounds That Could Have Been Raised In Joinder Petition
U.S. patent law provides that any patent challenger initiating an inter partes review (IPR) proceeding at the United States Patent & Trademark Office (PTO) “may not assert” an invalidity ground in a…
DuetsBlog
Patent IPRs and Allergan’s Sovereign Immunity Defense
— Jessica Gutierrez Alm, Attorney In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform. Patent protection helps drug manufacturers recoup…
PTABWatch
Patent Owner Estoppel May Apply When Patent Owner Cancels Claims Before IPR Institution
In Arthrex, Inc. v. Smith & Nephew, Inc., No. 2017-1239 (Fed. Cir. Jan. 24, 2018), the Federal Circuit affirmed the PTAB’s entry of adverse judgment against Patent Owner Arthrex, before…