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
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Category: Patent Trial and Appeal Board
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By Josh Rich — Earlier today, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB") published its Final Rule establishing the attorney-client privilege for application in PTAB proceedings.[1] Before the PTAB, any communications between a client and a patent practitioner reasonably necessary and incident to the practitioner's authority will be protected by…
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By John Cravero — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Pfizer Inc. v. Biogen, Inc and Genentech, Inc. PTAB Petition: IPR2017-02126; filed October 6, 2017. Patent at Issue: U.S. Patent No. 7,682,612 ("Treatment of hematologic malignancies associated with circulating tumor cells…
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By Kevin E. Noonan – Late this summer, Allergan entered into an agreement with the St. Regis Mohawk Nation to assign its rights in several Orange Book-listed patents involved in inter partes review proceedings, with the aim of having those proceedings dismissed based on the tribe's invoking sovereign immunity (see "Allergan Avails Itself of Sovereign Immunity").…
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By John Cravero — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Complete Genomics, Inc. v. Illumina Cambridge Ltd. PTAB Petition: IPR2017-02172; filed October 5, 2017. Patent at Issue: U.S. Patent No. 7,566,537 ("Labelled nucleotides," issued July 28, 2009) claims a method of…
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By John Cravero — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Sun Pharmaceuticals Industries, Ltd. v. Novartis AG PTAB Petition: IPR2017-01929; filed August 16, 2017. Institution of Inter Partes Review: entered October 2, 2017. Patent at Issue: U.S. Patent No. 9,187,405 ("S1P…
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By Kevin E. Noonan – Not unexpectedly, on Friday, the Saint Regis Mohawk Tribe (SRMT) filed a motion before the Patent Trial and Appeal Board (PTAB) to have inter partes review Nos. IPR2016-01127, IPR2016-01128, IPR2016-01129, IPR2016-01130, IPR2016-01131, and IPR2016-01132, instituted against U.S. Patent Nos. 8,685,930, 8,629,111, 8,642,556, 8,633,162, 8,648,048, and 9,248,191 respectively, dismissed based on the…
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By Kevin E. Noonan – The value of the post-grant review programs (post-grant review, inter partes review, and covered business methods review) has been debated since these provisions were enacted as part of the Leahy-Smith America Invents Act in 2012. Indeed, the legal status of these review programs under the U.S. Constitution has been challenged in…
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By James Korenchan — In a decision entered last week, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office made clear its intention going forward to weigh seven factors in determining whether to deny follow-on inter partes review (IPR) petitions. On September 6, 2017, the Board entered a decision denying…
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By Kevin E. Noonan – The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office recently issued a Final Written Decision in an inter partes review styled Mylan Pharm. v. AstraZeneca AB affirming the patentability of all challenged claims. In its opinion, the Board provided a detailed example of how the Office is…
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Telecommunication Call Processing System Held to Be Eligible for Covered Business Method (CBM) Patent Review By Joseph Herndon — On August 3, 2017, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a decision instituting a Covered Business Method (CBM) patent review of U.S. Patent No. 7,783,021. In this case, Securus…
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