Topic
Patent Validity
197 published works
Global IP & Technology Law Blog
ITC’S Bow To PTAB’S Invalidity Ruling Adds New Dimension To Section 337 Investigations
In a recent decision in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939 (2016), the ITC has for the first time suspended enforcement of remedial orders in view…
Patent Challenges
Federal Circuit rules that PTAB may base IPR final decisions on evidence outside instituted grounds
In a recent decision affirming the PTAB’s obviousness findings in an IPR, the Federal Circuit confirmed that the Board may use prior art not cited in instituted grounds as evidence to…
PTABWatch
Rare Grant of Rehearing of Denial of Petition for Inter Partes Review
The Board initially denied institution of Mylan Pharmaceuticals’ petition for inter partes review of U.S. Patent No. RE44,186, owned by AstraZeneca. After a rare grant of Mylan’s request for rehearing,…
Global IP & Technology Law Blog
ITC Affirms Summary Determinations of Patent Invalidity Based on Indefiniteness in Wireless Headsets and Automated Teller Machines
Trend or coincidence? The International Trade Commission (ITC) has affirmed summary determination rulings of patent invalidity in two, separate investigations: Certain Wireless Headsets, Inv. No. 337-TA-943 and Certain Automated Teller…
The Trade Practitioner
ITC Affirms Summary Determinations of Patent Invalidity Based on Indefiniteness in Wireless Headsets and Automated Teller Machines
In what appears to be something of a trend in favor of summary dispositions, the International Trade Commission (ITC) has affirmed summary determination rulings of patent invalidity in two, separate…
BioLoquitur
Federal Circuit Affirms PTAB’s Nonobvious Ruling While Clarifying the Motivation to Combine and Reasonable Expectation of Success Requirements
On May 9, 2016, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) inter partes review…
Delaware Intellectual Property Litigation
Judge Sleet Concludes that Defendants Did Not Prove Invalidity of Asserted Claim in ANDA Action
Following a four day bench trial in a consolidated ANDA action before The Honorable Gregory M. Sleet in Genzyme Corp., et al. v. Dr. Reddy’s Laboratories, Ltd., et al., Civil…
Delaware Intellectual Property Litigation
Judge Sleet Denies Defendants’ Post-Trial Proposed Finding of Invalidity of Patents-in-Suit Due To Obviousness
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Pfizer Inc. v. Sandoz Inc., et al., Civil Action No. 13-110-GMS (D.Del., Apr. 20, 2016), the Court denied defendants’…
Global IP & Technology Law Blog
ITC Adopts Summary Determination of Section 101 Invalidity In Tracking Devices and Finds Asserted Patent Claims Invalid Under Section 112 In Brewing Capsules
The United States International Trade Commission (“ITC”) recently made notable patent invalidity determinations in two Section 337 investigations. In Certain Beverage Brewing Capsules, Components Thereof, and Products Containing Same, the…
The Trade Practitioner
ITC Adopts Summary Determination of Section 101 Invalidity In Tracking Devices and Finds Asserted Patent Claims Invalid Under Section 112 In Brewing Capsules
In the past two weeks, the ITC has made patent invalidity determinations in two Section 337 investigations, each of which is noteworthy in its own right. In Certain Activity Tracking…