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The American Conference Institute (ACI) will be presenting its 9th Annual Paragraph IV Disputes Master Symposium on October 24-25, 2023 in Chicago, IL.  As in the past, this curated program will not only address "hot" topics but also will put the issues within the context of pre-suit considerations, case filings, final adjudication, and every step…

Patent Docs has always ascribed to the notion that respectful debate is good for most issues, and with the adage that if you are dumb, it's best to surround yourself with smart people and if you are smart surround yourself with smart people who disagree with you.  In that spirit we give our readers the…

But Not All the Judges Are Happy About It By Kevin E. Noonan — On March 16th, the Federal Circuit denied Biogen's petition for panel rehearing and rehearing en banc in Biogen Int'l GmbH v. Mylan Pharmaceuticals Inc.  Judges Cunningham and Stoll did not participate in the decision, which was issued per curiam and supported…

November 30, 2021 – "Trends in Patent Prosecution: Don’t Get Left Behind" (LexisNexis and IPWatchdog) – 2:00 pm (ET) December 2, 2021 – "The Intersection of Intellectual Property and International Arbitration: Quantum and Valuation (Part 1)" (Lexology, iam, GAR, and Charles Rivers Associates) – 8:00 am to 9:30 am (CST) December 3, 2021 – "PTAB…

By Kevin E. Noonan — The Federal Trade Commission carried out an (in)famous crusade against reverse payment (more provocatively, "pay for delay") settlements in ANDA litigation for almost a decade before eventually having the Supreme Court see things their way (to some extent) in FTC v Actavis.  The Commission has not lost its enthusiasm for…

By Kevin E. Noonan — Having heard oral argument at a hearing held on Monday, May 18th, the Patent Trial and Appeal Board today entered its decision on these motions in Interference No 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the University…

By Kevin E. Noonan — Patent law (and, consequently, patent lawyers) can be viewed as having at least a slightly tighter tether on concrete, factual reality than other areas of the law, at least to the extent that making patent-related legal arguments are more fact-specific.  This can cause some interesting contrasts when addressing arguments to…

September 17, 2019 – "Best Practices for Patenting Chemical and Material Compositions" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) September 17, 2019 – "A Primer on the Laws of Cannabis, Marijuana and CBD" (Loeb & Loeb LLP) – 1:00 to 2:00 pm (ET) September 19, 2019 – "Trending Issues…

By Kevin E. Noonan — Sherry Knowles, former chief patent counsel of GlaxoSmithKline, and Dr. Anthony Prosser, a member of her team at Knowles Intellectual Strategies LLC, have written an article recently published in The John Marshall Review of Intellectual Property Law entitled "Unconstitutional Application of 35 U.S.C. 101 by the U.S. Supreme Court."  The…

By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101.  On the same day, the USPTO also published the latest in its series of examples of how this application of the §…