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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PTAB Affirms Patent Eligibility of Claims for Training a Spoken Language Understanding Classifier By James Korenchan — In a decision issued earlier this month, the U.S. Patent and Trademark Office Patent Trial and Appeal Board reversed the final rejection of all twenty pending claims in U.S. Application No. 14/846,486, for which the real party in…
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By Donald Zuhn — Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure filed by…
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By Kevin E. Noonan — Last week, the Federal Circuit found all patent claims invalid for obviousness in an inter partes review, in Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. But the Court did not render its decision without engendering a judicial disagreement between the majority and Judge Newman on the proper role…
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By Michael Borella — SAP America, Inc. (SAP) filed a declaratory judgment action in the Northern District of Texas, alleging that U.S. Patent No. 6,349,291 of InvestPic, LLC (InvestPic) was invalid under 35 U.S.C. § 101. The District Court invalidated the '291 patent during the pleadings stage. InvestPic appealed the ruling to the Federal Circuit. Claim…
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May 22, 2018 – "Sovereign Immunity and Patents at the PTAB and District Courts" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) May 22, 2018 – "Last Party Standing: Who Has Standing to Appeal Administrative Decisions to the Federal Circuit?" (Federal Circuit Bar Association) – 3:00 pm to 4:30 pm…
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LexisNexis will be offering a webinar on "The Defend Trade Secrets Act Turns Two: New Perspectives and Analysis on the Current State of the Law" on May 31, 2018 from 1:30 to 2:00 pm (ET). Jyotin Hamid and Tricia Sherno of Debevoise & Plimpton LLP will discuss the influence of the Defend Trade Secrets Act…
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Strafford will be offering a webinar entitled "Functional Claiming for Software Patents: Leveraging Recent Court Treatment — Surviving 112(f) and Disclosing Functional Basis for Software to Meet Heightened Standard of Review" on June 5, 2018 from 1:00 to 2:30 pm (EDT). Cory C. Bell and Doris Johnson Hines of Finnegan Henderson Farabow Garrett & Dunner…
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By Donald Zuhn — On Monday, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review that claim 6 of U.S. Patent No. 7,582,621 is unpatentable for obviousness. On appeal, Anacor Pharmaceuticals, Inc., the assignee of the '621 patent, challenged the Board's…
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By Kevin E. Noonan — The proper application of the patent venue statute, 28 U.S.C. § 1400(b) in the wake of the Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (2017), under recent Federal Circuit precedent (see In re Cray, Inc.) continues to be explicated in the district courts. The…
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By Andrew Williams — Since the Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands LLC last year, there have been hundreds of district court cases that have determined (or reconsidered) whether venue was proper. Correspondingly, because there have been "basic" and "undecided" issues necessary to address the effect of the TC…
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