Patent Law Weblog
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- 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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By Michael Borella — The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly under 35 U.S.C. § 101. According to some sources, examiners are affirmed about 80-86% of the time…
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By Josh Rich — As the saying goes, hard cases make bad law. And it certainly looked improper when Sergey Aleynikov downloaded high-frequency trading ("HFT") source code as he was leaving his job as a Goldman Sachs programmer, at least to the juries who convicted him of Federal and New York state crimes. But while…
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May 15, 2018 – "USPTO Post-Grant Patent Trials 2018: Change & Recalibration" (Practising Law Institute) – San Francisco May 17, 2018 – "Patenting Antibodies at the EPO" (J A Kemp) – 15:30 (Greenwich Mean Time) May 17, 2018 – "Patent Exclusivity Health Checks for Biologics: Are Your U.S. Patents Ready to Maximize ROI?" (Strafford) –…
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The Biotechnology Innovation Organization (BIO) will be holding its annual BIO International Convention June 4-7, 2018 in Boston, MA. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. …
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The Federal Circuit Bar Association (FCBA) will be offering a webcast entitled "Last Party Standing: Who Has Standing to Appeal Administrative Decisions to the Federal Circuit?" on May 22, 2018 from 3:00 pm to 4:30 pm (EST). Russell E. Cass of Clark Hill PLC will moderate a panel consisting of Saurabh Vishnubhakat, Associate Professor of…
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Strafford will be offering a webinar entitled "Oil States and SAS: Implications of the Supreme Court's Decisions for Patent Practice" on May 31, 2018 from 1:00 to 2:30 pm (EDT). Thomas L. Irving, Amanda K. Murphy, and Barbara R. Rudolph of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to patent counsel on two…
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The Intellectual Property Law Association of Chicago (IPLAC) Litigation Committee will be presenting a panel discussion entitled "Nuances in Amending Patent Claims before the PTAB and Avoiding Tribal Immunity at the PTAB" on May 22, 2018 from 5:00 to 7:30 pm (CT) at the offices of Kirkland & Ellis LLP in Chicago, IL. There is…
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Strafford will be offering a webinar entitled "Divided Infringement after Travel Sentry v. Tropp: Direct Infringement Liability for Third-Party Conduct" on May 24, 2018 from 1:00 to 2:30 pm (EDT). Thomas L. Irving, Paul W. Browning, and Barbara R. Rudolph of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to counsel on the impact…
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By James Korenchan — At the U.S. Chamber of Commerce Patent Policy Conference last month, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu (at right) gave a keynote address on the role of U.S. patent policy in domestic innovation and the potential impacts on investment towards the advancement of science and technology. The primary…
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By Andrew Williams — The U.S. Patent and Trademark Office published a notice of proposed Rulemaking in the Federal Register (83 Fed. Reg. 21221) today which would provide a change to the claim construction standard used in Inter Partes Reviews (IPRs), Post-Grant Proceedings (PGRs), and Covered Business Method Reviews (CBMs). Instead of the broadest reasonable…
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