Patent Law Weblog
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- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Month: December 2017
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Top Patent Law Stories of 2017" on January 17, 2018 from 10:00 am to 11:15 am (CT). Since 2007, 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 Donald Zuhn, Kevin…
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The Chisum Patent Academy will be offering the next sessions of its Advanced Patent Law Seminar on March 5-6, 2018 in Houston, TX and March 8-9, 2018 in Cincinnati, OH. The seminar is co-taught by Donald Chisum, author of the treatise Chisum on Patents (LexisNexis), and Janice Mueller, who was a tenured full Professor at…
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Strafford will be offering a webcast entitled "Drafting and Prosecuting Patent Applications to Withstand PTAB Scrutiny — Building Reasonable Claim Construction to Avoid Unpatentability and Using Declarations to Survive Post-Grant Proceedings" on December 21, 2017 from 1:00 to 2:30 pm (EST). Thomas L. Irving, Anthony M. Gutowski, and John M. Mulcahy of Finnegan Henderson Farabow…
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By Andrew Williams — Last June, in Sandoz Inc. v. Amgen Inc., the Supreme Court handed down its interpretation of the Biologics Price Competition and Innovation Act ("BPCIA") for the approval of biosimilar drugs. As we reported at the time, the Court held that the 180-day notice-of-commercial-marketing provision of the statute may be provided either before…
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By Kevin E. Noonan – The sequel to the original summer blockbuster movie, Jaws, had as a tagline "Just when you thought it was safe to go back in the water." This sentiment can describe much of U.S. patent law over the last decade and a half, between the ill-fated USPTO "claims and continuation" rules, the…
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By Andrew Williams — Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged infringer. Last month, the Federal Circuit in In re Micron concluded that…
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By Donald Zuhn — Earlier this fall, the Federal Circuit affirmed a decision by the District Court for the Western District of Missouri dismissing a complaint filed by Galen J. Suppes for lack of jurisdiction. In dismissing Mr. Suppes' complaint, the Federal Circuit concluded that neither the Constitution nor the Patent Act preclude or preempt…
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December 12, 2017 – "Capitalizing on Changes in Patent Law" (Practising Law Institute) – 1:00 to 2:00 pm (Eastern) December 12, 2017 – "Written Description in the Life Sciences after Amgen v. Sanofi" (Intellectual Property Owners Association) – 2:00 to 3:00 pm (ET) December 13, 2017 – "Nuts & Bolts of the Federal Circuit's Rules"…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Written Description in the Life Sciences after Amgen v. Sanofi" on December 12, 2017 from 2:00 to 3:00 pm (ET). Jane Love of Gibson, Dunn & Crutcher LLP, Duane Marks of Eli Lilly & Company, and Irena Royzman of Patterson Belknap Webb &…
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By Donald Zuhn — In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also affirmed the District Court's finding that claims 9 and 10 of U.S. Patent…
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