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Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman

Addressing venue in the context of Hatch-Waxman litigation, the US District Court for the District of Delaware held that venue is proper in Delaware if a generic drug company has permanent and continuous presence in Delaware...more

Federal Circuit Avoids Addressing Joinder, Questions Expanded Panel Use

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision finding claims invalid as obvious, but did not directly address the PTAB’s determination that joinder was...more

Federal Circuit Defines “Regular and Established Place of Business”

The US Court of Appeals for the Federal Circuit defined “regular and established place of business” in a judicial district to require (1) a physical place in the district that is (2) regular and established, and that is (3)...more

Failure to Satisfy Enablement Requirement Results in Priority Award to Junior Party

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision, rendered in the context of a patent interference contest, resolving priority of invention to a hepatitis C treatment on...more

Venue in Patent Cases Limited by § 1400(b)

The Supreme Court of the United States has tightened restrictions on where patent infringement actions may be filed. In an 8–0 decision, the Supreme Court held that for purposes of venue in patent infringement actions, a...more

Supreme Court Changes the Patent Venue Landscape

In a highly anticipated decision, the Supreme Court of the United States issued a unanimous opinion in TC Heartland LLC v. Kraft Food Group Brands LLC, holding that for the purposes of venue in patent infringement actions, a...more

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

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