Patent Law Weblog
recent posts
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
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Category: Federal Circuit
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By Donald Zuhn — In a decision that will significantly impact the amount of patent term adjustment ("PTA") that many patentees can expect to obtain under U.S. Patent Law, the Court of Appeals for the Federal Circuit determined today that the U.S. Patent and Trademark Office had erred in making PTA calculations for two patents owned by Plaintiffs-Appellees Wyeth…
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By Donald Zuhn — On New Year's Eve, we kicked off our third annual list of top biotech/pharma stories by counting down the first three of the top ten stories covered on Patent Docs in 2009 (see "Top Stories of 2009: #10, #9, and #8"). Yesterday, we listed stories #7, #6, and #5 (see…
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By Donald Zuhn — On New Year's Eve, we kicked off our third annual list of top biotech/pharma stories by counting down the first three of the top ten stories covered on Patent Docs in 2009 (see "Top Stories of 2009: #10, #9, and #8"). Today, we count down stories #7, #6, and #5,…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its third annual list of top biotech/pharma stories. For 2009, we identified ten top stories that we covered on Patent Docs last year. Today, we count down stories #10, #9, and #8. On Sunday, we will present stories…
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By Kevin E. Noonan — At the outset of the en banc oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. last week, Chief Judge Michel asked Lilly's counsel whether Lilly had preserved the written description issue by timely objecting to District Court Judge Zobel's jury instruction (see "Ariad v. Lilly: Oral…
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By Donald Zuhn — On Monday, an en banc panel of the Federal Circuit heard oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (see "Ariad v. Lilly: Oral Argument"). During the hearing, several members of the Court as well as counsel for the Government focused on perceived differences between the positions…
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By Kevin E. Noonan — Oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. was heard on Monday before an en banc panel of the Federal Circuit. Counsel for Ariad (John M. Whealan), Lilly (Charles E. Lipsey) and the U.S. Patent and Trademark Office (Mark R. Freeman) argued before an active Court,…
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By Donald Zuhn — In anticipation of tomorrow's oral argument in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (scheduled to begin at 2:00 pm (EST) in Courtroom 201), Patent Docs has spent the past three weeks reviewing a number of the briefs submitted by various amici. By the…
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By Kevin E. Noonan — Several companies have filed amicus curiae briefs with the Federal Circuit on the questions presented by the en banc Court in the Ariad case. Although we have explored the positions taken by some of these companies in detail, on the eve of oral argument, we set forth here briefer…
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By Kevin E. Noonan — The American Intellectual Property Law Association (AIPLA) has joined the chorus of patent bar groups opining on whether there is a separate written description requirement contained in 35 U.S.C. § 112, first paragraph, in an amicus curiae brief filed in the rehearing en banc of Ariad Pharmaceuticals, Inc. v.…
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