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Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments in Allergan v. MSN Laboratories

On August 13, the Federal Circuit issued a precedential ruling in Allergan v. MSN Laboratories (Case No. 24-1061). This decision reversed the District of Delaware's application of the Federal Circuit precedent in In re:...more

Discretionary Denials at the PTAB: What to Expect? - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB. In this...more

The Power of Process Patents at the International Trade Commission

The U.S. International Trade Commission (ITC) has a long reach over proprietary processes performed in foreign countries. Owners of patents covering, for example, methods for making a chemical material used to make other end...more

Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB. In this episode, Maia...more

Motions to Amend: PTO Pilot Program Extended - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper...more

Never Surrender? Recapturing Subject Matter in Reissue Proceedings [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper...more

Drilling Down: Real Parties in Interest and Time Bars - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the third installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper...more

Supplemental Examination: A Tool Worth Further Consideration - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the second installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper...more

IPR Institution and Early Intervention - Patents: Post-Grant Podcast [Audio]

Please join Troutman Pepper’s Intellectual Property and Health Sciences Groups for the first installment of its podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia...more

Enforcing IP in a Pandemic: Considerations, Risks, Strategies [Audio]

Moderna, a biotechnology company that is currently advancing a leading COVID-19 vaccine candidate, recently stated that it would not enforce its vaccine patents during the current health crisis. In light of this...more

Best Ways to Use Patent Venue Discovery After TC Heartland

Nearly three years after the U.S. Supreme Court’s decision in TC Heartland LLC v. Kraft Food Brands LLC,1 both parties and courts continue to grapple with what it means for a defendant to have a regular and established place...more

Compulsory Ip Licenses For COVID-19 Relief: Beyond The Defense Protection Act

Stakeholders in intellectual property rights face enforcement and reputation challenges arising from the coronavirus emergency. Patents, trademarks and copyrights associated with pandemic countermeasures may be subject to...more

The Art of International Arbitration – October 2019 Pepper Conference Preview  [Audio]

On October 11, 2019, Pepper Hamilton will host an interactive seminar entitled “The Art of International Arbitration.” Matt Adler, partner and chair of Pepper’s International and Domestic Arbitration Practice Group, Maia...more

Status Quo At The PTAB For Now: Supreme Court Makes No Changes to IPR Practice

Recently, the Supreme Court declined to make any changes to IPR procedure in its opinion in Cuozzo Speed Technologies, LLC v. Lee, 579 U.S. ___ (2016). Relying primarily on statutory language and concepts of agency rulemaking...more

New Hope for Patent Owners: Supreme Court Eases the Path to Enhanced Damages

Under the new standard, district courts will have considerably more discretion to find that an accused infringer acted willfully and enhance damages up to three times the amount of compensatory damages....more

Seeking Shelter From the Patent Eligibility Storm: Does the DTSA Provide Sanctuary?

For many charged with the development of intellectual property portfolios in the life sciences and software industries, navigating the stormy waters of patent eligibility has recently proven difficult. U.S. Supreme Court and...more

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