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The Interplay between Regulatory Exclusivities and Patent Litigation under the Hatch-Waxman Act

The Hatch-Waxman Act, officially known as the Drug Price Competition and Patent Term Restoration Act, revolutionized the pharmaceutical industry by balancing the interests of...

Objective Evidence in Determining Obviousness

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS Before Moore, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be...

FDA Updates Cybersecurity Guidance

Written by:Matthew Ruth & Philip M. Nelson Going forward, medical device approval will require the device maker to provide cybersecurity information to the...

Patexia Insight 179: Best Patent Litigators of 2023: A Fusion of Analytics and Peer Reviews

In January, we delved into the intricacies of patent litigation in our third annual Patent Litigation Intelligence Report. This comprehensive study spanned five years, from July 1...

Fresh From the Bench: Latest Precedential Patent Case

CASE OF THE WEEK Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L., Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of...

ANDA Litigation: Navigating the Complexities of Patents and Generic Drug Approvals

In the world of pharmaceuticals, the Abbreviated New Drug Application (ANDA) process plays a critical role in the approval and market entry of generic drugs. However, the intersection...

FDA Approves Qalsody™ for Treatment of ALS

Written by: Douglas W. Crandell, Ph.D. & Robert J. Hilton, Ph.D. On April 25th, 2023, the U.S. Food and Drug Administration (FDA) approved QalsodyTM (tofersen) for the...

Feed tagged as "CBM":
Court Takes Offense to Tactics Geared to PTAB Alone Litigants beware; Judge Rodney Gilstrap (E.D. Texas) warned litigants considered to be using the district... Read More »
In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in... Read More »
The PTAB has determined that a patent owner may not moot a CBM proceeding by disclaiming claims post-institution. Emerson Elect ric Co. v. SIPCO, LLC, CBM2016-00095... Read More »
On November 16, 2017, the USPTO issued new procedures (“Standard Operating Procedure 9”) for governing cases remanded from the Federal Circuit. These... Read More »
Written by Ben J. Everton and David T. Kim The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement... Read More »
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created.  Some of... Read More »
Written by Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board... Read More »
Written by Jeremy Anapol and John M. Carson Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the... Read More »
Written by Chang Lim and Lincoln S. Essig The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method... Read More »
The real news this past week is not from the Circuit but from the Supreme Court’s reversal of the Life Technologies v. Promega case. There, the Supreme Court... Read More »
In Secure Access, LLC v. PNC BANK NATIONAL ASSOCIATION, [2016-1353] (February 21, 2017), the Federal Circuit vacated the Board’s decision in CBM2014-00100 on... Read More »
In Unwired Planet, LLC, v. Google, Inc., [2015-1812] (November 21, 2016) the Federal Circuit vacated and remanded the PTAB’s final written decision in Covered... Read More »
Several weeks ago we analyzed the IPR data for Q3 which has been steadily rising since September 2012. This week, our Data Science Team decided to look into Covered... Read More »
The Inter Partes Review (IPR) and Covered Business Method (CBM) procedures were enacted on September 16, 2012. Since then, the PTAB has released data on a monthly... Read More »
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