District Court Denies Motion to Dismiss for Lack of Patent Eligible Subject Matter -
Earlier this year, in Viveve, Inc. v. Thermigen, LLC, District Judge Rodney Gilstrap of the U.S. District Court for the Eastern District...more
Magistrate Recommends Narrow Interpretation of Inter Partes Review Estoppel Provision -
Earlier this month, in Biscotti Inc. v. Microsoft Corp., U.S. Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern...more
Last month, in Par Pharmaceutical, Inc. v. Luitpold Pharmaceuticals, Inc., Senior District Judge William H. Walls of the U.S. District Court for the District of New Jersey issued an amended opinion granting the motion for...more
Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the...more
Earlier this month, in Bayer CropScience AG v. Dow Agrosciences LLC, the Federal Circuit concluded that the District Court for the Eastern District of Virginia correctly confirmed an international arbitration tribunal's award...more
Last month, in In re Depomed, Inc., the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board that two instituted grounds in an inter partes review rendered claims 1,...more
On February 22, 2017, in Life Technologies Corp. v. Promega Corp., the Supreme Court reversed a determination by the Federal Circuit that there are circumstances in which a party may be liable under § 271(f)(1) for supplying...more
After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more
1/9/2017
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
CLS Bank v Alice Corp ,
Inter Partes Review (IPR) Proceeding ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Sequenom ,
USPTO
After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more
After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more
In an order issued last week, Judge Vince Chhabria of the U.S. District Court for the Northern District of California denied a motion to stay filed by Defendant Shortbus Flashers, LLC. Shortbus Flashers sought the stay...more
Earlier this month, in Garfum.com Corp. v. Reflections by Ruth d/b/a Bytephoto.com, Chief Judge Jerome B. Simandle of the U.S. District Court for the District of New Jersey issued an opinion granting Plaintiff Garfum.com...more
Last month, in In re Efthymiopoulos, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection of all pending claims of Appellant...more
Last week, in Immersion Corp. v. HTC Corp., the Federal Circuit reversed the decision of the District Court for the District of Delaware that U.S. Patent No. 7,148,875 ("the '875 patent"), assigned to Immersion Corp....more
Last week, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. In addition to a memorandum on subject matter eligibility determinations that was...more
Last month, in Pfizer, Inc. v. Lee, the Federal Circuit determined that the District Court for the Eastern District of Virginia did not err in granting summary judgment in favor of the U.S. Patent and Trademark Office on the...more
After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more
1/11/2016
/ Abstract Ideas ,
BPCIA ,
CLS Bank v Alice Corp ,
En Banc Review ,
Limelight v Akamai ,
Mayo v. Prometheus ,
Notice Requirements ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Sandoz v Amgen ,
SCOTUS ,
Sequenom ,
USPTO
After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more
1/4/2016
/ Actavis Inc. ,
AMP v Myriad ,
Broadest Reasonable Interpretation Standard ,
Endo Pharmaceuticals ,
HTC ,
Mayo v. Prometheus ,
Myriad ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
SCOTUS ,
Trans-Pacific Partnership ,
USPTO ,
USPTO Pilot Program
The U.S. Patent and Trademark Office issued a notice of proposed rulemaking in the Federal Register earlier today (80 Fed. Reg. 78155) to comply with Public Law 113-227, which was enacted by Congress on December 16, 2014, and...more
District Court Adopts Magistrate's Conclusion of Invalidity under § 101 and Grants Defendants' Motion to Dismiss Counts -
Last month, in Endo Pharmaceuticals Inc. v. Actavis Inc., Judge Richard G. Andrews of the U.S....more
Last month, in Ariosa Diagnostics v. Verinata Health, Inc., the Federal Circuit vacated the decisions of the Patent Trial and Appeal Board concluding that Appellant Ariosa Diagnostics had not met its burden of proving that...more
Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more
10/26/2015
/ Amicus Briefs ,
AMP v Myriad ,
Biotechnology ,
CLS Bank v Alice Corp ,
DNA ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Preemption ,
SCOTUS ,
Sequenom ,
Summary Judgment
On Monday, Appellee Ariosa Diagnostics, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August. In its response, Ariosa...more
10/22/2015
/ AMP v Myriad ,
DNA ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
SCOTUS ,
Sequenom ,
Summary Judgment
Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent...more
10/12/2015
/ Abuse of Process ,
Biologics ,
BPCIA ,
Congressional Committees ,
FDA Approval ,
Generic Drugs ,
Hatch-Waxman ,
Innovation ,
Innovation Act ,
Inter Partes Review (IPR) Proceeding ,
Medical Research ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more
9/29/2015
/ Amicus Briefs ,
Bilski ,
CLS Bank v Alice Corp ,
En Banc Review ,
Kappos ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Preemption ,
SCOTUS ,
Sequenom ,
USPTO