Patent Law Weblog
recent posts
- 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
about
Month: December 2019
-
By Kevin E. Noonan — As previously discussed, Senior Party The Broad Institute (joined by Harvard University and MIT) on October 14th filed Substantive Motion No 2 (to substitute the count) in the current interference over CRISPR technology (No. 106,115). Count 1 of the interference as declared is: An engineered, programmable, non-naturally occurring Type II…
-
Supreme Court Rejects USPTO's Attempt to Recover Attorney's Fees in All District Court "Appeals" from PTAB Decisions By Joshua Rich — In Peter v. NantKwest, Inc., decided by the U.S. Supreme Court earlier today, the Court considered whether the U.S. Patent and Trademark Office could compel an aggrieved applicant to pay its attorney's fees in…
-
By Kevin E. Noonan — On October 14th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC") filed its Substantive Motion No. 1 to be awarded priority benefit to their earlier priority applications: USSN 61/652,086, filed May 25, 2012 (P1); USSN 61/716,256, filed October 19, 2012 (P2); USSN…
-
By Michael Borella — Berkheimer v. HP Inc. was decided by the Federal Circuit in February 2018 and stands for — in the words of Judge Moore of that Court — "the unremarkable proposition that whether a claim element or combination of elements would have been well-understood, routine, and conventional to a skilled artisan in…
-
By Donald Zuhn — On Friday, the United States filed its brief in response to the March 18, 2019 order of the Supreme Court inviting the Solicitor General to express the views of the United States on the petition for certiorari filed by Petitioners Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals International Ltd. in Hikma…
-
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Patent Case Law Year in Review" on December 9, 2019, from 2:00 to 3:00 pm (ET). Samantha Aguayo of the Intellectual Property Owners Association will moderate a panel consisting of Paul Berghoff of McDonnell Boehnen Hulbert Berghoff LLP and Gregory Castanias of Jones…
-
By Donald Zuhn — On Monday, The Wall Street Journal reported that the Trump administration is considering reducing the 12-year data exclusivity period for biologic drugs set forth in the Biologics Price Competition and Innovation Act (BPCIA) to ten years. According to The Wall Street Journal, the Trump administration is considering the change in order…
-
By Daniel Boehnen — Last month, the United States government, acting on behalf of its Department of Health and Human Services (HHS), filed suit in Delaware against Gilead Sciences, Inc. and Gilead Sciences Ireland UC for infringing four patents covering inventions developed by scientists at the Centers for Disease Control and Prevention. The patents all…
Patent Docs 