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: December 2014
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By Kevin E. Noonan — In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad Genetics' motion for a preliminary injunction in the consolidated Multidistrict Litigation styled In re…
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By Michael Borella — On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility. This Interim Guidance was the long-anticipated update to the Procedure for Subject Matter Eligibility Analysis of Claims Reciting or Involving Laws of Nature / Natural Principles, Natural Phenomena, and/or Natural…
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By Donald Zuhn — Earlier today, the U.S. Patent and Trademark Office published its interim guidance regarding the examination of claims for subject matter eligibility under 35 U.S.C. § 101 (which the Office announced yesterday) in the Federal Register (79 Fed. Reg. 74618). The Federal Register notice, entitled "2014 Interim Guidance on Patent Subject Matter…
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By Donald Zuhn — In a conference call this morning, Drew Hirshfeld, U.S. Patent and Trademark Office Deputy Commissioner for Patent Examination Policy, announced that the USPTO would be releasing revised guidance on subject matter eligibility later today and that the guidance would be published in the Federal Register on Tuesday. In fact, the revised…
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By Kevin E. Noonan — Earlier this month, Judge Paul Crotty, U.S. District Court Judge for the Southern District of New York handed down rulings in two separate cases related to the biosimilars law (the Biologics Price Competition and Innovation Act, or BPCIA) and how the Act's dispute resolution provisions (also called the "patent dance")…
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December 15, 2014 – "Evolving PTAB Trial Practice: Navigating Complex Procedural Rules — Strategically Using Routine and Additional Discovery, Requests for Joinder, and Motions to Amend" (Strafford) – 1:00 to 2:30 pm (EST) December 16, 2014 – "Strategic Considerations Before Kick-Starting an IPR" (American Bar Association (ABA) Center for Professional Development and Section of Intellectual…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Top Patent Law Stories of 2014" on January 20, 2014 from 10:00 am to 11:15 am (CT). For the past seven years, the Patent Docs weblog has presented an annual, end-of-the-year review of the top stories in patent law. In this presentation, Patent Docs co-authors…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Estoppel and Privity in Post-grant Proceedings and Parallel Litigation" on December 18, 2014 beginning at 2:00 pm (ET). Nicholas Groombridge of Paul, Weiss, Rifkind, Wharton & Garrison LLP; Mark Matuschak of Wilmer Cutler Pickering Hale and Dorr, LLP; and Jon Wright of Sterne,…
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When you file a disclaimer, you'd better mean it By Kevin E. Noonan — The Federal Circuit reversed a District Court decision this week in a case involving an improperly filed statutory (terminal) disclaimer, in Japanese Foundation for Cancer Research v. Lee. Caught between miscommunication between patentee, assignee, and U.S. counsel as to whether the…
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By Andrew Williams — The pharmaceutical industry has been closing watching the proceedings at the Patent Trial and Appeal Board ("PTAB" or "Board") to see if inter partes review ("IPR") will be a viable option for generic drug companies seeking to challenge Orange-Book-listed patents. On December 9, 2014, the PTAB released two sets of decisions…
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