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Innovation, Technology, and IP News

Major Med Device Product Developer GE HealthCare Collaborating with Healthcare Providers

Written by: Kregg Koch For good reasons, including product safety, quality assurance, development of delivery procedures and instructions, it has been a common practice for medical...

Fresh From the Bench: Latest Precedential Patent Cases

CASE OF THE WEEK Baxalta Inc. v. Genentech, Inc., Appeal No. 22-1461 (Fed. Cir. Sept. 20, 2023) Our Case of the Week focuses on the enablement requirement. It’s the first case...

Enter TitleFederal Circuit Revisits Standard for Enablement of Antibody Claims

Written by: Ashley C. Morales & Joseph Mallon, Ph.D. In Baxalta Incorporated v. Genentech, Inc., 2022-1461, the Federal Circuit affirmed the district court’s decision...

Fresh From the Bench: Latest Precedential Patent Cases

CASE OF THE WEEK Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) In a decade-old case that has ...

Prosecution History May Support a Motivation to Combine

Written by: Rhett D. Ramsey & Jacob R. Rosenbaum Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. ...

Landmark CAFC Cases in Patent Law: Shaping the Future of Innovation

In the ever-evolving landscape of patent law, the Court of Appeals for the Federal Circuit (CAFC) has played a pivotal role in shaping the rules and precedents governing intellectual...

FDA Releases Draft Guidances on 510(k) Submissions

Written by: Paige L. Cappelli On September 6, 2023, the U.S. Food & Drug Administration (FDA) released three draft guidance documents to provide updated...

Feed tagged as "patent trial & appeal board":
Is a Patent a Definitive Assurance of Your Idea's Authenticity?
Mikele Bicolli Jan 24, 2023
A patent is a legal form of protection granted to inventors for their unique and useful ideas, designs, or products. It gives the patent... Read More »
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Impact of the Leahy-Smith America Invents Act on Patent Prosecution and Patent Litigation
Mikele Bicolli Dec 22, 2022
Whenever there are discussions related to patent law and amendments, many are concerned with each proposal's impacts, advantages, and... Read More »
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Hy-Ko v. The Hillman Group, a Marshall Jury Orders The Hillman Group to Pay its Competitor $16 Million for Patent Infringement (2022)
Mikele Bicolli Oct 22, 2022
  Just last week, a federal jury in Marshall, Texas, decided a patent infringement case between two of the three top... Read More »
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Patexia Insight 150: IPR Denials Continue to Fall While Settlement Outcomes Increase
Pedram Sameni Sep 7, 2022
Tomorrow we will be releasing our sixth annual IPR Intelligence report, where we covered the IPR filing activity from July 1, 2017, through June... Read More »
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Senator Thom Tillis Introduces The 101 Reform Bill Changing The Patent Eligibility Landscape And Overturning US Supreme Court Decisions
Mikele Bicolli Aug 10, 2022
Amidst growing concerns that China is eclipsing the U.S. with R&D and patents in emerging new technologies, the Chairman of the Senate ... Read More »
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Director’s Kathi Vidal Vision and Mission for the US Patent and Trademark Office
Mikele Bicolli Jul 6, 2022
  Since she took office on April 13th, USPTO’s director, Kathi Vidal, has made several public appearances, expressing... Read More »
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Top 5 PTAB Decisions of 2019 for PTAB Practitioners
Scott Mckeown Jan 6, 2020
PTAB 2019: A Year of New Precedent There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for... Read More »
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Broad description in specification defeats patent owner’s bid for narrow construction
Knobbe Martens May 16, 2019
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach, Moore, and Chen.  Consolidated appeals from the Patent Trial and Appeal Board and the ... Read More »
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Patent Trial and Appeal Board Activity in the First Five Years+
Knobbe Martens Sep 19, 2017
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 »
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Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee
Knobbe Martens Aug 16, 2017
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a ... Read More »
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Separate Article III Standing Not Necessary for PTAB Appellees
Scott Mckeown Aug 9, 2017
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts Last week, I analyzed the government's arguments supporting Article III... Read More »
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Patent Prosecutor Alert: When is a Rejection a New Rejection?
Scott Mckeown Aug 7, 2017
What Exactly is the "Thrust of the Rejection?" Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the... Read More »
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CAFC Finds Forfeit of Half-Win Before PTAB
Scott Mckeown Jul 19, 2017
Failure to Argue Differing Claim Language of Similar Claims Haunts Appellant PTAB practitioners must always be mindful of the Board's longstanding practice to ... Read More »
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Patent Owners Starting to Get the Last Word at the PTAB
Scott Mckeown Jul 13, 2017
Patent Owner Sur-Replies on the Uptick Back in June of 2016, the Federal Circuit issued its opinion in Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical... Read More »
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Senate Bill Seeks to Thwart AIA Trials
Scott Mckeown Jun 28, 2017
Bill Would Effectively End PTAB The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act was unveiled in ... Read More »
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AIA Trials Unconstitutional? Don't Bet on It
Scott Mckeown Jun 14, 2017
High Court to Review Constitutionality of AIA Trials The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of... Read More »
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Preliminary Response Evidence Should Focus on Technology
Scott Mckeown Jun 13, 2017
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st of 2016, the Patent Trial & Appeal Board (PTAB) began to accept new ... Read More »
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En Banc Denial of CBM Issue Raises Appeal Bar Debate
Scott Mckeown Jun 7, 2017
Focus of CBM Standing Analysis: Claim Language Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al.  ... Read More »
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PTAB Trial Estoppel Demystified in EDTX?
Scott Mckeown May 25, 2017
Recent Decision out of EDTX First to Get PTAB Estoppel Provision Correct IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that... Read More »
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Eliminating Partial PTAB Institutions Will Undermine Trial Practice
Scott Mckeown May 24, 2017
"All or Nothing" PTAB Institution Practice Coming Soon? Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft... Read More »
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