News & Analysis as of

Patent Litigation Interference Claims Patents

McDermott Will & Emery

Interference Analysis Is a Two-Way Street

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred...more

WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

WilmerHale on

Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

Jones Day

PTAB Doubles Down on Interference Estoppel Issue

Jones Day on

The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amici Support Reversal of PTAB Decision in CRISPR Interference

Two amici have filed briefs in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the decision by the Patent Trial and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Opening Brief and Cross-Appeal in CRISPR Interference

The decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and against Junior Party the University of California/Berkeley, the...more

Morgan Lewis

Federal Circuit: Only Minimal Evidence Needed to Satisfy Corroboration Requirement in Priority Contests

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently held that the Patent Trial and Appeal Board correctly considered evidence of multiple witnesses to be sufficient in corroborating actual reduction to practice when...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Rules on Preliminary Motions in Interference No. 106,133

On December 14th*, the Patent Trial and Appeal Board rendered its decision on Preliminary Motions in Interference No. 106,133 between Senior Party Sigma-Aldrich and Junior Party The Broad Institute, Harvard University, and...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (January 3 – January 6): Corroboration Station

A new year means new Federal Circuit decisions to analyze. Our case of the week recounts an interesting saga of companies copying each other’s patent applications to provoke an interference. And if that’s not enough to grab...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dionex Softron GmbH v. Agilent Technologies, Inc. (Fed. Cir. 2023)

As the dodo of patent practice, the number of interferences has been steadily dwindling since enactment of the Leahy-Smith America Invents Act in 2012 abolished the practice in favor of a "first inventor to file" regime and a...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Redeclares Interference No. 106,132 and Suspends Priority Phase Proceedings

On December 14th, the Patent Trial and Appeal Board (PTAB) rendered its Decision on Motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma") and Junior Party the University of California/Berkeley, the...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Decides Parties' Motions in CRISPR Interference

Having heard oral argument at a hearing held on Monday, November 21st, the Patent Trial and Appeal Board on December 14th entered its decision on motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma")...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Arguments Scheduled in CRISPR Interferences

On October 24th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings for interferences between Sigma-Aldrich (Senior Party) and Junior Party The Regents of the University of California, University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Appeal Brief in Interference No. 106,115

The Patent Trial and Appeal Board (like its predecessor, the Board of Patent Appeals and Interferences or BPAI) occasionally renders an opinion having the tendency to raise an eyebrow or two, which on occasion has led the...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Renders Decisions in Interference No. 106,126

On September 18, 2022, the Patent Trial and Appeal Board denied all preliminary motions by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and Senior Party ToolGen in Interference No....more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Suspends ToolGen Interferences

On September 28, 2022, the Patent Trial and Appeals Board suspended proceedings in Interference No. 106,126, between junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") and Senior Party...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Hearing in Interference No. 106,127

The PTAB held an Oral Hearing between Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party ToolGen on September 12th, bringing to a close...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Hearing in Interference No. 106,126

The Patent Trial and Appeal Board held an Oral Hearing between Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") and Senior Party ToolGen on September 12th, bringing to a close proceedings...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tell Us What You Really Think: CVC Asserts Board Decision in '115 Interference Negates Jurisdiction in Interference Nos. 106,127...

Captioned disarmingly as a Notice of Related Proceedings under 37 C.F.R. § 41.8(a)(1) and ¶ 8.2 of the Standing Order, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Broad Preliminary Motion No. 3 in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Substantive Preliminary Motion No. 1 in Interference No. 106,133

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sigma-Aldrich Files Reply to Broad’s Opposition to Sigma's Substantive Preliminary Motion No. 1 to Deny Priority Benefit in...

On December 3rd, Senior Party Sigma-Aldrich filed its Preliminary Motion No. 1 that asked the Board to deny the Broad Institute, Harvard University, and MIT (collectively, Broad) benefit of its U.S. Provisional Application...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Sigma-Aldrich Opposition to CVC's Responsive Motion No. 1

Pursuant to the Patent Trial and Appeal Board Order issued November 29, 2021, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") on December 17,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Junior Party CVC Files Reply to Sigma-Aldrich's Opposition to Its Preliminary Motion No. 4

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed Substantive Preliminary Motion No. 4* in Interference No. 106,132,...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 3 in Interference No....

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 3 in Interference No. 106,132...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Sigma-Aldrich Opposition to CVC Substantive Preliminary Motion No. 1 to be Accorded Priority Benefit

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,132...more

117 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide