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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Second CBM Petition Denied As "Second Bite at the Apple" By Joseph Herndon — The U.S. Patent and Trademark Office Patent Trial and Appeal Board issued a decision denying institution of a covered business method (CBM) patent review in a case caption NRT Technology Corp. v. Everi Payments Inc. NRT originally filed a Petition, which…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Mylan Pharmaceuticals Inc. v. Shire Laboratories, Inc. PTAB Petition: IPR2017-00011; filed October 4, 2016. Patent at Issue: U.S. Patent No. RE41,148 ("Oral pulsed dose drug delivery system," issued…
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By Andrew Williams — On Friday, December 9, 2016, the Federal Circuit will hear oral arguments en banc in the In re Aqua Products, Inc. case to consider two questions related to the PTAB's treatment of Motions to Amend in IPR proceedings. Specifically, the Court will be considering the following questions: (a) When the patent…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month we will report on recent developments at the PTAB involving life sciences patents. Argentum Pharmaceuticals LLC. v. Janssen Oncology, Inc. PTAB Petition: IPR2016-01317; filed June 29, 2016. PTAB Trial Instituted September 19, 2016. Patent at Issue: U.S. Patent No. 8,822,438…
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By Andrew Williams — When Congress created the post-issuance proceedings before the Patent Trial and Appeal Board as part of the Leahy-Smith America Invents Act ("AIA"), it did so with the recognition that they would be adjudicatory in nature. It was with this understanding that the Patent Office promulgated rules making the Federal Rules of…
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CBM Petition Denied for Patent Lacking Financial Product or Financial Activity in the Claims By Joseph Herndon –– In a recent decision, the Patent Trial and Appeal Board (PTAB) denied the institution of a covered business method (CBM) patent review on an Internet Portal System patent because the claims lacked any recitation of a financial…
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CBM Patent Review Denied for Claims Lacking Financial Subject Matter By Joseph Herndon — The PTAB denied institution of a covered business method (CBM) patent review in a case between BMC Software Inc. (Petitioner) v. zIT Consulting GmbH (Patent Owner). Petitioner, BMC Software, Inc., filed a Petition to institute a CBM patent review of claims…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Medtronic Xomed, Inc. v. Neurovision Medical Products, Inc. PTAB Petition: IPR2016-01847; filed September 19, 2016 Patent at Issue: U.S. Patent No. 8,467,844 ("Electrode for prolonged monitoring of…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH PTAB Petition: IPR2016-01665; filed August 22, 2016 Patent at Issue: U.S. Patent No. 6,858,650 ("Stable salts of novel derivatives of…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Illumina, Inc. v. Scripps Research Institute PTAB Petition: IPR2016-01619; filed August 15, 2016 Patent at Issue: U.S. Patent No. 6,060,596 ("Encoded combinatorial chemical libraries," issued May 9,…
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