IP Litigation > Nova Content
Inter-Partes Review (IPR) has become an integral part of patent defense strategy. However, our analysis of IPR institution rate shows that it has steadily been... Read More »
In Merck v. Hospira, the only precedential case decided this week, a majority of the panel affirms a determination of obviousness, noting that despite the objective... Read More »
On October 24, 2017, the PTAB designated as “informative” the following three decisions that discretionarily denied institution of IPR petitions under 35... Read More »
In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with... Read More »
Written By: Nathanael Luman, Ph.D. and Kerry Taylor, Ph.D.
The PTAB has released its September 2017 statistics. These statistics mark the end of the... Read More »
Expanded Panel Decision Voted Precedential
On the heels of the recent issuance of an expanded panel decision in General Plastic Industrial Co., Ltd. v. Canon... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C.
In Smart Systems v. Chicago Transit Authority, the Circuit affirms the dismissal of a case based ... Read More »
By: Nathanael Luman, Ph.D. and Kerry Taylor, Ph.D.
The PTAB extended the deadline for issuing its IPR final written decision on a motion to amend by up to... Read More »
Aqua Products Decision Deemed “Good Cause”
Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good... Read More »
Written by: Benjamin Anger
On October 18, 2017, the PTAB designated as “precedential” a major portion of its prior decision in General Plastic... Read More »
In re Smith, International, Inc., Appeal no. 2016-2303 (Fed. Cir., Sept. 16, 2017)(”Smith”), the Fed. Cir. reversed the PTAB (that had affirmed the... Read More »
Written by Caleb A. Bates, Ph.D., Peter Law and Eric Furman, Ph.D.
Sovereign immunity refers to the doctrine that the government cannot be sued without its... Read More »
SAS Institute To Send Patent Owners Screaming Into the Night?
The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court ... Read More »
Written by: Scott R. Seeley and Kerry S. Taylor Ph.D.
In view of the Federal Circuit’s en banc holding in Aqua Products, Inc. v. Matal, No. 2015-1177, (Fed. ... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C.
The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case... Read More »
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the... Read More »
Written by Rebecca L. Wright, Ph.D. and Nathanael Luman, Ph.D.
The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of... Read More »
Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 (Fed. Cir., Oct. 4, 2017)) released 140+ pages comprising five separate opinions (7 Judges... Read More »
Broadest Reasonable Does not Mean Broadest Possible!
The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The... Read More »
Written by Jane Xia, Brenden S. Gingrich, Ph.D., and Joseph Reisman, Ph.D.
The U.S. District Court for the District of Delaware recently handed down two important ... Read More »