On August 13, 2024, a three-judge panel of the Court of Appeals for the Federal Circuit issued a decision, authored by Judge Lourie, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the...more
8/19/2024
/ Appeals ,
Double Patent ,
Intellectual Property Protection ,
Obviousness ,
Patent Expiration ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reversal
On March 24, 2022, the Court of Appeals for the Federal Circuit criticized the Precedential Opinion Panel's application of its standard for when it is (and isn't) appropriate for the Patent Trial and Appeal Board to sua...more
On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen’s petition for en banc review in Biogen International GmbH et al. v. Mylan Pharmaceuticals Inc. ("Petition Denial"), in which a Federal Circuit...more
3/24/2022
/ Appeals ,
Denial of Rehearing ,
Dissenting Opinions ,
En Banc Review ,
Mylan Pharmaceuticals ,
Patents ,
Petition for Writ of Certiorari ,
Pharmaceutical Patents ,
SCOTUS ,
Validity ,
Written Descriptions
On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act establishing inter partes review proceedings...more
On March 1, 2021, the Supreme Court heard the oral argument in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. Two questions are before the Court. First, whether under the Appointments Clause, U.S. Const. Art. II, § 2,...more
3/3/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Inferior Officers ,
Patent Trial and Appeal Board ,
Patents ,
Principle Officers ,
SCOTUS ,
Severability Doctrine
Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more
8/4/2020
/ Abuse of Discretion ,
Adobe ,
Appeals ,
Litigation Strategies ,
Motion to Transfer ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Reversal ,
Transfer of Venue ,
Venue ,
Witnesses
In a 7-2 decision written by Justice Ginsburg, the U.S. Supreme Court, in Thryv, Fka Dex Media v. Click-To-Call Techs., No. 18-916, 2020 U.S. LEXIS 2406 (2020), held that the Patent Trial and Appeal Board's ("Board") decision...more
4/23/2020
/ § 314(d) ,
§ 315(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
On March 23, 2020, the Court of Appeals for the Federal Circuit ("CAFC") issued a per curiam order denying all filed petitions for rehearing en banc and panel rehearing in Arthrex, Inc. v. Smith & Nephew, Inc. No. 18-2140...more