LexBlog IP

FEBRUARY 10, 2022

Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements. Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements.

Confidentiality 52

Confidentiality Invention Litigation Patent 52

Patently-O

FEBRUARY 24, 2022

Intel’s IPR petition was denied under the NHK-Fintiv Rule that permits the PTAB to deny institution of otherwise sufficient IPRs based upon the existence of ongoing parallel litigation involving the same patent and parties. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term.

Patent Law 126

Patent Law Law Patent Invention 126

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. Discretionary Denials Update: A New Tool for Overcoming Fintiv ? Download a PDF. Table of Contents.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

FEBRUARY 18, 2024

The remaining proposals are entitled: “ PTAB Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement.” all of the controversial topics have been dropped).

Settlement 52

Settlement Publishing Patent Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

Unlike rehearing, director review is not available for non-final decisions or institution decisions in post-grant proceedings. In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. Read the full article on Law360.

Patent 52

Patent Art Technology Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Introduction. 2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52