|
Publications
-
07.18.2019The Ripple Effect of SAS Institute v. Iancu on IPR PracticeArticles
Law360
In April 2018, the U.S. Supreme Court held in SAS Institute Inc. v. Iancu that the Patent Trial and Appeal Board must institute inter partes review either on all claims raised in a petition or none of them. -
04.17.2012Supreme Court Sides With Generic Drug Manufacturers, Closes Loophole in Hatch-Waxman ActUpdatesIn Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, the Supreme Court has unanimously held that generic drug manufacturers may invoke the counterclaim provision of the Hatch-Waxman Act.
-
06.02.2011Global-Tech Appliances Inc. v. SEB S.A.Inducing Infringement: Supreme Court Clarifies Knowledge StandardUpdatesOn May 31, the U.S. Supreme Court clarified the level of knowledge required to establish inducement of patent infringement under 35 U.S.C. § 271(b), which provides that “[w]hoever actively induces infringement of a patent shall be liable as an infringer.”
-
2010Need for Transfer of Venue in a Patent Infringement Case Not 'Clearly Demonstrated' When Evidence and Witnesses Are Located Around the CountryArticles
Annual Review of Intellectual Property Law Developments 2009, American Bar Association
-
2010Holding of Unenforceability of Asserted Patents Can Be Appropriate Sanction for Spoliation of Highly Relevant EvidenceArticles
Annual Review of Intellectual Property Law Developments 2009, American Bar Association
-
08.06.2009Brief amicus curiae on the Merits in Bilski v. KapposArticlesSupreme Court Docket No. 08-964, filed on behalf of Legal OnRamp
Blog
-
USPTO Requests Comments on PTAB-Decision Review by October 18, 2022
On July 22, 2022, the USPTO released a Request for Comments (RFC) seeking public input on Director review, Precedential Opinion Panel (POP) review, and internal circulation and review of Patent Trial and Appeal Board (PTAB) decisions. As set out in the RFC, “[t]he USPTO has implemented a number of processes that promote the accuracy, consistency,... -
Orange Book Transparency Act of 2020 Signed Into Law
On January 5, 2021, the Orange Book Transparency Act of 2020, H.R. 1503, was signed into law. H.R. 1503 amends provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) related to patent information that new drug applicants must submit to the Food and Drug Administration (“FDA”) and FDA must publish in the “Orange Book.”[1]... -
Impact of the PTAB’s Motion to Amend Pilot Program
As part of the post-grant proceedings created in 2012 by the America Invents Act, a Patent Owner can choose to file a motion to amend its patent when that patent is challenged. See 35 U.S.C. § 316(d) (“Amendment of the patent.”); 37 CFR § 42.121 (“Amendment of the patent.”). For example, a Patent Owner may... -
PTAB Publishes Final Rule on Institution and Presumption in AIA Trials
Today, the PTO’s Patent Trial and Appeal Board (PTAB) issued a final rule related to trial proceedings under the America Invents Act. The final rule goes into effect 30 days after publication in the Federal Register (scheduled for December 9, 2020); it makes changes to institution practice and sur-replies, and eliminates an evidentiary presumption in...
