
Patent Law Weblog
recent posts
- Otsuka Pharmaceutical Co. v. Lupin Ltd. (Fed. Cir. 2026)
- Supreme Court Denies Certiorari in Newman v. Moore
- Judge Newman Responds to Federal Circuit Judicial Council’s Opposition to Petition for Certiorari
- Federal Circuit Judicial Council Opposes Judge Newman’s Certiorari Petition
- Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)
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Month: May 2018
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When the PTAB Attacks! By Andrew Williams — In the past few years, the public's perception of the patent system in the United States has been at a low point. One of the causes of this lack of confidence in the system has been the increase in abusive patent litigation from entities that have been…
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By Kevin E. Noonan — Judge Pauline Newman has been concerned regarding constitutional issues raised by the U.S. Patent and Trademark Office Patent Trial and Appeal Board's implementation of inter partes review as provided by the Leahy-Smith America Invents Act (codified at 35 U.S.C. § 311 et seq.). Specifically, Judge Newman's concerns involve separation of…
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Shapes and Shading of Graphical User Interface Not Enough to Uphold Validity By Joseph Herndon — In a nonprecedential decision, the Federal Circuit found all challenged claims directed to a graphical user interface of a U.S. Patent obvious over a combination of prior art. Valmont Industries, Inc. appealed from the final decision of the Patent…
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May 29, 2018 – "The Impact of Oil States and SAS Institute on Your PTAB Strategy" (IAM) – 4:00 (BST) May 31, 2018 – "Oil States and SAS: Implications of the Supreme Court's Decisions for Patent Practice" (Strafford) – 1:00 to 2:30 pm (EDT) May 31, 2018 – "The Defend Trade Secrets Act Turns Two:…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "A New PTAB Landscape: The Impact of SAS, Recent Federal Circuit Decisions, and the Proposed Change to the BRI Standard" on May 31, 2018 from 2:00 to 3:00 pm (ET). Hon. David Ruschke, Chief Judge of the Patent Trial and Appeal Board of…
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IAM will be offering a free webinar on "The Impact of Oil States and SAS Institute on Your PTAB Strategy" on May 29, 2018 starting at 4:00 (BST). IAM North America editor Richard Lloyd will moderate a roundtable discussion of attorneys from Oblon, McClelland, Maier & Neustadt; Knobbe Martens; and Finnegan, Henderson, Farabow, Garrett &…
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The Federal Circuit Bar Association, Virginia Bar Association IP Department, Maryland State Bar Association IP Department, and Bar Association of the District of Colombia IP Department will be hosting a program entitled "Views on Patent Cases from the Chambers — PTAB, VA, and MD" on June 7, 2018 at Eastern District of Virginia courthouse in…
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Strafford will be offering a webinar entitled "Secondary Considerations at the PTAB: Combating Obviousness Challenges, Establishing Nexus" on June 14, 2018 from 1:00 to 2:30 pm (EDT). Matthew L. Fedowitz, Philip L. Hirschhorn, and Christopher M. Cherry of Buchanan Ingersoll & Rooney will guide patent counsel on the use of secondary considerations at the Patent…
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Strafford will be offering a webinar entitled "Protecting Software as a Medical Device: Patents, Design Patents and Trade Secrets" on June 19, 2018 from 1:00 to 2:30 pm (EDT). Cory C. Bell, Elizabeth D. Ferrill, and Susan Y. Tull of Finnegan Henderson Farabow Garrett & Dunner will guide counsel for companies in the medical device…
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By Kevin E. Noonan — Ever since the Supreme Court loosened the reins on declaratory judgment actions in patent cases twelve years ago, in MedImmune v. Genentech, courts have decided cases fleshing out the metes and bounds of the factual predicates thereof. One of the most persistent questions is what is the extent to which…