On November 16, 2017 the U.S. Patent and Trademark Office posted a … [Read more...] about PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect Your Remand
Intellectual Property
District Court Denies Motion to Stay Pending Supreme Court Decision in Oil States
In June, we covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017). The Court will decide whether inter partes review – an adversarial process used by the Patent and Trademark Office … [Read more...] about District Court Denies Motion to Stay Pending Supreme Court Decision in Oil States
PTO Litigation Report – November 17, 2017
Listed below are all new filings before the PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM). Since the last report, no new requests for ex partereexamination at the USPTO have been posted. This listing is … [Read more...] about PTO Litigation Report – November 17, 2017
Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance
In a nonprecedential opinion issued on November 13, 2017, the United States Court of Appeals for the Federal Circuit affirmed a district court finding that Apotex’s aBLAs for biosimilar versions of Neulasta® and Neupogen® did not infringe an Amgen protein folding … [Read more...] about Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance
Giving Defendants a Second Chance: Failure to Assert Improper Venue Prior to TC Heartland is Not a Waiver Under the Federal Rules
In its May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court shocked the patent world by restricting the range of permissible venues in patent infringement cases for domestic corporations. (See our prior … [Read more...] about Giving Defendants a Second Chance: Failure to Assert Improper Venue Prior to TC Heartland is Not a Waiver Under the Federal Rules