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USPTO Announces Slate of Proposed Rule Changes

JD Supra Law

On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers.

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Petitioner Failed to Establish Standing in IPR Appeal

Intellectual Property Law Blog

Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market. However, the Federal Circuit rejected this argument and determined that Allgenesis did not establish that the Board’s decision will have preclusive effect.

Marketing 162
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Special 301 Report 2023: Reflections from Public Health Perspective

SpicyIP

Prime Concerns: Observations on Section 3(d) and Oppositions Special 301 report shows particular concern about Section 3(d) of the Patents Act, 1970 because it allegedly restricts “patent-eligible subject matter” to get a patent in contravention of Article 27 of the TRIPS (p. 56, para 3).

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Blake Brittain: After Winning $1 Bln in Apple Case, Caltech Sues Samsung over Same Patents (Source: Reuters). Abraham Andreu and Nathan Rennolds: Apple Quietly Filed 2 Patent Applications, and It May Hint That the Giant Has a Drone in the Works (Source: Business Insider). New Job Postings on Patently-O: McNeill Baur.

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Proactive Strategies in IPRs after Allgenesis

IP Tech Blog

Allgenesis lost at the Patent Trial and Appeal Board (PTAB), which issued a final written decision upholding the patentability of the challenged claims. An Allgenesis executive testified by declaration that the parties were unable to reach a settlement. Are there multiple patents in the patent family?

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Biosimilar Maker Leverages IPR to Avoid Patent Dance and Obtain Early Market Entry

Bio Law Blog

On May 28, Alexion and Amgen entered into a confidential settlement agreement to terminate the IPRs. Pursuant to the terms of the settlement agreement, effective March 1, 2025 (or earlier in certain circumstances), Alexion grants to Amgen a nonexclusive, royalty-free license under U.S. an eculizumab product.

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The Seventh Circuit Affirms Dismissal of the HUMIRA Antitrust Litigation

LexBlog IP

created a “patent thicket” around HUMIRA to block biosimilars from entering the market and entered into “reverse payment” settlement agreements with biosimilar applicants to further delay entry. ” The panel noted that differences between AbbVie’s patent rights in Europe compared to the U.S.