Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Month: October 2007
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By Kevin E. Noonan — Malpractice is an ugly word. But patent practitioners may take some comfort in two precedential decisions today from the Federal Circuit, holding that allegations of malpractice in patent prosecution "arise under" patent law and thus provide subject matter jurisdiction in Federal Court under 28 U.S.C. § 1338. The…
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By Kevin E. Noonan — In Schwarz Pharma, Inc. v. Paddock Labs., Inc., the Federal Circuit affirmed a District Court determination that infringement under the doctrine of equivalents was precluded by prosecution history estoppel, and decided whether a patentee is an indispensable party to confer standing on the exclusive licensee. Schwarz Pharma and…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Teva Pharmaceutical Industries Ltd. et al. v. Apotex, Inc. et al.3:07-cv-04897; filed October 10, 2007 in the District Court of New Jersey…
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October 10-12, 2007 – Stem Cells European Business Summit – Edinburgh, Scotland October 12, 2007 – Intellectual Property Law Summit 2007 (West LEGALWorks and Intellectual Property Law Association of Chicago) – Chicago, IL October 16, 2007 – New Patent Rules Update: Implications of Compliance (World Research Group) October 25-26, 2007 – Biotech and Pharma Public-Private…
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American Conference Institute (ACI) will be holding the 5th National Conference on Pharma/Biotech IP Due Diligence: Your Complete Guide for M&As, Licensing, and Other Collaborations on January 30-31, 2008 in New York, NY. The conference will provide information about current changes to patent practices, including patent reform efforts that have occurred in the courts, legislature,…
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By Kevin E. Noonan — On October 9th, SmithKline Beecham Corp., SmithKline Beecham PLC, and Glaxo Group Ltd. (d/b/a/ collectively as GlaxoSmithKline) filed a verified complaint in the U.S. District Court for the Eastern District of Virginia against John Dudas and the U.S. Patent and Trademark Office, asking for preliminary and permanent injunctions…
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Somerset Pharm., Inc. v. Dudas (Fed. Cir. 2007) (reissued as precedential) By Sherri Oslick — The Federal Circuit has now reissued its earlier Somerset opinion as precedential; a summary of the original, non-precedential opinion can be found in our earlier post here. In view of the CAFC’s recent reissue of the identical opinion…
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By Donald Zuhn — Yesterday, we reported on the Patent Office’s release of a pre-OG notice describing four significant changes to the new continuation and claims rules. Those wondering when the changes would be published in the Official Gazette (OG) did not have to wait long. In a USPTO e-Commerce e-Alert notice sent…
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By Jason Derry* and Donald Zuhn — The U.S. Patent and Trademark Office has made four significant changes to the new continuation and claims rules, which appear to ease at least some of the new burdens applicants are now facing as the effective date of the new rules approaches. In particular, the changes…
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By Kevin E. Noonan — The U.S. Patent and Trademark Office promulgated today its long-awaited guidelines for Examiners in making obviousness determinations in view of the U.S. Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc. The guidelines generally follow the Patent Office’s public comments on the decision (see "The Patent Office…
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