Patent Law Weblog
recent posts
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
- Meanwhile, Back at the PTAB with CRISPR – Update
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Month: June 2024
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The Demise of Chevron Deference By Kevin E. Noonan – Not surprisingly, the Supreme Court overturned the "Chevron deference" principle from its 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision in Loper Bright Enterprises v. Raimondo (and it did so expressly and with no equivocation, stating "Chevron is overruled"). This case (decided below on…
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By Michael Borella — Any patent attorney who has been in the business for more than a few years understands from experience that some USPTO examiners are tougher than others. This should not be surprising, as each examiner is an individual who is applying their own experience and knowledge during the examination process, which inherently…
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D Young & Co will be offering its next European biotech patent law update on June 25, 2024. The webinar will be offered at three times: 9:00 am, noon, and 5:00 pm (BST). D Young & Co European Patent Attorneys Simon O'Brien and Nathaniel Wand will discuss the latest European biotech patent case law developments,…
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By Kevin E. Noonan – In April, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2024 Special 301 Report. In a press release, the USTR stated that "[m]any of the issues highlighted in the Special 301 Report demand collaborative efforts from our allies and partners" and additionally, "[m]any of my counterparts share the goal of making…
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By Kevin E. Noonan – In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest Laboratories and several generic drug companies** for settlement agreements in ANDA litigation, in CVS Pharmacy Inc. v. Forest…
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By Kevin E. Noonan – Policy differences are endemic in politics, and the phrase "causing more heat than light" regarding federal drug policy comes readily to mind listening to the rhetoric coming from the Federal Trade Commission in this regard. The FTC is infamous for its uncontrolled venom towards industries they believe with religious fervor to be…
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By Kevin E. Noonan – Last November, the U.S. Patent and Trademark Office issued Guidance to the Examiner Corps that was disclosed to the public at the March 19, 2024 Biotechnology, Chemical, and Pharmaceutical Partnership Meeting, on resources to be used by examiners to comply with the dictates of Executive Order 14036 from the Biden Administration related…
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By Andrew Velzen and Joshua Rich — As discussed previously on this blog (see "USPTO Proposed Rule Change to Terminal Disclaimer Practice" and "The USPTO's Proposed Terminal Disclaimer Rule: A Litigator's Perspective") and elsewhere, the U.S. Patent and Trademark Office has announced a proposed rule change to the required form for terminal disclaimers in an…
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