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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Baker Botts L.L.P.

Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

Baker Botts L.L.P. on

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the...more

McDermott Will & Emery

Interference Analysis Is a Two-Way Street

McDermott Will & Emery on

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

Jones Day

Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

Jones Day on

During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...more

Jones Day

PTAB Denies Parallel IPR Petition

Jones Day on

The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate...more

Venable LLP

The PTAB Finds Claims of Two EYLEA® Patents Unpatentable and Regeneron Files its Sixth Complaint Against a Proposed EYLEA®...

Venable LLP on

The new year has brought a wave of activity for EYLEA® (aflibercept) biosimilars. Following up on our previous report (EYLEA® (aflibercept) and Soliris® (eculizumab) IPR and BPCIA Litigation Updates, December 31, 2023), in...more

Goodwin

Year in Review: Top Legal Developments of 2023

Goodwin on

​​​​​​​As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and...more

Goodwin

Updates on Patent Challenges by Biosimilar Manufacturers at the PTAB

Goodwin on

In the last month, there has been a flurry of activity at the PTAB related to challenges from biosimilar manufacturers related to ustekinumab, aflibercept, and eculizumab patents....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Rothwell, Figg, Ernst & Manbeck, P.C. on

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Knobbe Martens

Federal Circuit Vacates PTAB’s Decisions in Axonics, Inc. v. Medtronic, Inc.

Knobbe Martens on

Sacral neuromodulation stimulates nerves above the tailbone to treat fetal incontinence and related bowel and bladder control issues. After California-based Axonics Inc. (“Axonics”) entered the sacral neuromodulation market...more

Knobbe Martens

Analogous Art Must Be Compared to the Challenged Patent

Knobbe Martens on

In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent),...more

American Conference Institute (ACI)

[Event] 14th Summit on Biosimilars & Innovator Biologics - June 27th - 28th, Boston, MA

American Conference Institute (ACI) on

Biologics have become the fastest-growing class of therapeutic compounds. They have provided innovative treatment alternatives for people who suffer from some of the most serious medical conditions known to man. The...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - May 2023: Case Highlights: PTAB Precedential and Informative Decisions, Director Review...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sanofi and Regeneron File Respondents' Brief on Amgen v. Sanofi

McDonnell Boehnen Hulbert & Berghoff LLP on

Sanofi and Regeneron filed their brief at the Supreme Court in Amgen v. Sanofi, in which Amgen seeks to have the Court overturn the District Court's grant of JMOL in the issue of whether Amgen's claims were invalid for...more

McNees Wallace & Nurick LLC

2022 Patent Law Recap: IPR Argument Strategy, Artificial Intelligence, and Forum Selection Clauses

McNees Wallace & Nurick LLC on

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S....more

Fish & Richardson

Biosimilars 2022 Year in Review

Fish & Richardson on

2022 heralded the next chapter for biosimilars in the United States, including U.S. Food and Drug Administration approval of biosimilars in new therapeutic areas, additional interchangeable designations, and litigation...more

Jones Day

Presenting Complicated Technology Effectively at the PTAB

Jones Day on

The PTAB recently hosted a Boardside Chat on effectively presenting technology in AIA proceedings. Patent Trial and Appeal Board Boardside Chat: Presenting Technology in AIA Proceedings, (Nov. 17, 2022) (“Presenting...more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

Bennett Jones LLP on

In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

Kramer Levin Naftalis & Frankel LLP

PTO’s Handling of Patent Eligibility for Blockchain Applications

Kramer Levin Naftalis & Frankel LLP on

After reviewing the First District court case on 35 U.S.C. 101 for a blockchain patent, we wanted to check in and see how the U.S. Patent and Trademark Office (PTO) has been handling blockchain-related patent applications. In...more

Fish & Richardson

Biosimilars 2021 Year in Review

Fish & Richardson on

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Goodwin

Year in Review: Top Legal Developments of 2021 Impacting Biosimilars

Goodwin on

As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. There were many interesting decisions and other developments in district...more

Kilpatrick

Federal Circuit Decides Teva-Lilly Spat for Antibody Compositions and Methods

Kilpatrick on

On August 16, 2021, the Federal Circuit handed down two rulings related to patents issued to Teva, which involve therapeutic antibodies targeting a calcitonin gene-related peptide (“CGRP”). In both cases, the Federal Circuit...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Kannuu v. Samsung: Forum Selection Clause Did Not Prohibit IPR Challenges

Rothwell, Figg, Ernst & Manbeck, P.C. on

In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd., No 19-civ-4297 (S.D.N.Y Jan. 19, 2021), the parties’ forum selection clause in their non-disclosure agreement did not prevent Samsung Electronics Co., Ltd. (“Samsung”) from...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular IP Posts of 2020

Mintz - Intellectual Property Viewpoints on

As 2021 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2020. According to many readers, hot topics included Chinese...more

Knobbe Martens

It’s a Date – Twitter Reply Proves Prior Art Publication Date

Knobbe Martens on

VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more

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