Patent Law Weblog
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- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Post-Grant Proceedings
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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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By John Cravero — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Mylan Pharmaceuticals, Inc. v. Cosmo Technologies Ltd. PTAB Petition: IPR2017-01034; filed March 9, 2017. Patent at Issue: U.S. Patent No. 8,784,888 ("Controlled Release and Taste Masking Oral Pharmaceutical Compositions," issued June…
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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. Pain Point Medical Systems, Inc. v. Blephex LLC PTAB Petition: IPR2016-01670; filed August 24, 2016. PTAB Trial Instituted; entered March 1, 2017. Patent at Issue: U.S. Patent No. 9,039,718 ("Method and…
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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. InnoPharma Licensing, LLC v AstraZeneca AB PTAB Petition: IPR2017-00900; filed February 17, 2017. Patent at Issue: U.S. Patent No. 8,329,680 ("Formulation," issued December 11, 2012) claims a method for treating a…
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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. Actavis Laboratories FL, Inc. et al. v Janssen Oncology, Inc. PTAB Petition: IPR2017-00853; filed February 8, 2017. Patent at Issue: U.S. Patent No. 8,822,438 ("Methods and compositions for treating cancer," issued…
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By Andrew Williams — Can a prior art reference that does not contain a teaching sufficient enough to allow it to be used in an obviousness combination nevertheless be used as a background reference for evidence of motivation to combine? Moreover, does it matter if an adjudicating body had concluded earlier in a proceeding that…
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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. Reckitt Benckiser LLC v. Ansell Healthcare Products LLC PTAB Petition: IPR2017-00063; filed October 12, 2016. PTAB Trial Instituted; entered February 1, 2017. Patent at Issue: U.S. Patent No. 9,074,027 ("Dip-formed synthetic…
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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. Smith & Nephew, Inc. v. ConforMIS, Inc. PTAB Petition: IPR2017-00778; filed January 26, 2017. Patent at Issue: U.S. Patent No. 8,062,302 ("Surgical tools for arthroplasty," issued November 22, 2011) claims patient-specific…
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By Andrew Williams — On March 31, 2017, the Patent Trial and Appeals Board ("PTAB" or "Board") granted a motion to amend claims in Amerigen Pharmaceuticals Ltd. v. Shire LLC (IPR2015-02009). This is, of course, an uncommon event. Depending on how you keep score, the PTAB had previously only granted less than ten such motions…
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