Topic
Patent Validity
197 published works
PostGrant-Counsel Blog
Federal Circuit Requires Standing To Appeal An IPR Decision
In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of…
Delaware Intellectual Property Litigation
Judge Andrews Construes Two Phrases in Dispute in Patent-in-Suit and Finds Dependent Claim Invalid Under 35 U.S.C. § 112
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Amgen Inc. v. Hospira, Inc., Civil Action No. 15-839-RGA (D.Del., November 30, 2016), the Court issued its claim constructions…
IP Intelligence
Patent Invalidity Offense: When Is District Court Action the Better Option Over IPR, PGR or CBM?
It’s Monday morning after the Thanksgiving holiday. Easing back into the workweek with the lingering effects of turkey, stuffing and a miraculous Ohio State victory still sapping my brain, I…
New England IP Blog
Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case
Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive. In one such matter in the District of Massachusetts, a declaratory…
Delaware Intellectual Property Litigation
Chief Judge Stark Denies Defendants’ Motion for Judgment on Pleadings Seeking to Have Patent-in-Suit Ruled Invalid or Terminally Disclaimed
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Novartis AG, et al. v. Ezra Ventures, LLC, Civil Action No. 15-150-LPS (D.Del. September 22, 2016), the Court denied…
New England IP Blog
Double Patenting Decision Delivers Bitter Pill To Antibody Patent
In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to…
PTABWatch
ChIPs Conference Coverage
I had the opportunity to attend the ChIPs (Chiefs of Intellectual Property) conference in Washington DC this week and thought that several of the panels that I attended would be…
Game Counsel
Federal Circuit is In Sync with Patent’s Validity Under Section 101
The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being…
PostGrant-Counsel Blog
Despite PTAB “Sweet Talk” Federal Circuit Reverses Invalidity Of Deicing Patent
The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents…
Global IP & Technology Law Blog
ITC Opinion Explaining Reasons It Deferred to PTAB Unpatentability Ruling Provides Grist for Future Challenges
In Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, the ITC for the first time suspended enforcement of a remedial order in view of a Patent Trial and…