Patent Law Weblog
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- 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 — In an otherwise unremarkable albeit precedential decision, the Federal Circuit set forth an explication of when the Patent Trial and Appeal Board has, and has not, given the court enough information to determine whether its factual determinations are supported by substantial evidence. And in its decision handed down today in…
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By Kevin E. Noonan — Yesterday, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the University of California/Berkeley and the Broad Institute. Shortly after this judgment appeared, the Board issued its "Decision on…
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The U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) handed down its decision today that there is no interference-in-fact between several patents and patent applications owned by The Broad Institute and applications owned by the Regents of the University of California, Berkeley. This decision ends the interference without any prejudice to any…
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By Kevin E. Noonan — A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37 C.F.R. § 41.50(b)) that claims to a magnetic resonance imaging machine…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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PTAB Follows Strict Application of CBM Statute Following Unwired Planet By Joseph Herndon — Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No. 5,796,967. International Business Machines Corp. (IBM), the Patent…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Merial, Inc. v. Fidopharm, Inc. PTAB Petition: IPR2016-01182; filed June 10, 2016. PTAB Trial Instituted Document filed November 7, 2016. Patent at Issue: U.S. Patent…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Sienna Biopharmaceuticals, Inc. v. Rice University PTAB Petition: IPR2017-00046; filed October 7, 2016. Patent at Issue: U.S. Patent No. 6,685,730 ("Optically-absorbing nanoparticles for enhanced tissue…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Apotex Inc. and Apotex Corp. v. Alcon Research, Ltd. PTAB Petition: IPR2016-01640; filed August 18, 2016. PTAB Trial Instituted Document filed October 5, 2016. Patent…
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Patent Directed to Programmable Ticketing System Determined to be Eligible for Covered Business Method Patent Review By Joseph Herndon — Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business method patent review of all claims of U.S. Patent No. 7,765,128, owned by Smart Destinations, Inc. The Board, applying the standard…
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