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 Kevin E. Noonan – Patent law can be apparently inconsistent, particularly where claim construction is concerned. For example, claim construction standards that apply in district court are not the same standards that the U.S. Patent and Trademark Office applies during examination; the rationale for the difference is a mixture of a patent having a presumption…
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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. Celltrion, Inc. v. Biogen Inc. et al. PTAB Petition: IPR2017-01230; filed March 30, 2017. Patent at Issue: U.S. Patent No. 7,682,612 ("Treatment of hematologic malignancies associated with circulating tumor cells using…
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By Kevin E. Noonan – The University of California/Berkeley filed its opening brief to the Federal Circuit last week, asking that Court to overturn the Patent Trial and Appeal Board's decision that there was no interference-in-fact between Berkeley's application and several U.S. patents and applications assigned to The Broad Institute. That decision is entitled to review…
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By Michael Borella — Petitioner Cloud9 requested covered business method (CBM) review of IPC's U.S. Patent No. 8,189,566 before the USPTO's Patent Trial and Appeal Board. Due to the claims of the '566 patent not reciting a financial element, the Board denied the petition. The '566 patent is directed to a trading turret system. As described…
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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. PTAB Petition: IPR2017-01115; filed March 24, 2017. Patent at Issue: U.S. Patent No. 7,820,161 ("Treatment of autoimmune diseases," issued October 21, 2010) 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. Celltrion, Inc. v Genentech, Inc. PTAB Petition: IPR2017-01121; filed March 21, 2017. Patent at Issue: U.S. Patent No. 7,846,441 ("Treatment with anti-ErbB2 antibodies," issued December 7, 2010) claims a method for…
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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. Myriad Genetics, Inc. v. Johns Hopkins University PTAB Petition: IPR2017-01102; filed March 16, 2017. Patent at Issue: U.S. Patent No. 6,440,706 ("Digital amplification," issued August 27, 2002) claims a method for…
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By Joseph Herndon — In a nonprecedential decision, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board in inter partes review proceedings which upheld the patentability of claims due to construction of the claim term "is connected to the computer nework". Namely, Samsung Electronics as well as a number of other…
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Magistrate Recommends Narrow Interpretation of Inter Partes Review Estoppel Provision By Donald Zuhn — Earlier this month, in Biscotti Inc. v. Microsoft Corp., U.S. Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District of Texas issued a Report and Recommendation on two motions related to Microsoft's invalidity defenses to Biscotti's…
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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. Argentum Pharmaceuticals LLC. v. Alcon Research, Ltd. PTAB Petition: IPR2017-01053; filed March 10, 2017. Patent at Issue: U.S. Patent No. 8,268,299 ("Self preserved aqueous pharmaceutical compositions," issued May 1, 2012) claims…
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