Nov
08
PTAB Declines Request to Review Method of Treating Lymphoma Claim By: Matthew George Hartman, Akin Gump A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required...
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Nov
08
This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * In a post on October 6, 2017, Robert Schaffer and Joseph Robinson discuss a cautionary example of when an equivalent...
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Oct
10
Federal Circuit Reverses PTAB for Relying on Inherency, Rather Than Expectancy in Finding Claims Obvious In Honeywell Int’l Inc. v. Mexichem Amanco Holding S.A. DE C.V., Appeal No. 2016-1996, the Federal Circuit held that inherent, but unknown, properties of a composition may be nonobvious if those properties are unpredictable or...
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Oct
10
PTAB Holds that a Pre-Filing Application for a Different Patent Is Not Prior Art Under Pre-AIA 35 U.S.C. § 102(a) By Clayton N. Matheson, Akin Gump In Broad-Ocean Technologies, Inc. v. Regal Beloit America, Inc., No. IPR2017-00802 (PTAB Aug. 22, 2017), Broad-Ocean sought to institute an inter partes review (IPR)...
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Oct
10
This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. IPWatchdog – a patents and patent law blog – IPwatchdog.com * Christopher Hall’s article on August 16, 2017 discusses one way to handle rejections of patent claims as falling on an...
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Aug
28
Evidence of Unexpected Results Key to Grant of Substitute Claims in Inter Partes Review Proceeding By Melissa R. Gibson, Akin Gump In Valeo North America, Inc. v. Schaeffler Tech. AG & CO. KG, after finding that all original claims of the patent were unpatentable during an inter partes review (IPR)...
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Aug
25
Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef. District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district court abused its discretion...
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Jul
15
Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef. District Court’s Remand to State Court Was Unreviewable In Preston v. Nagel, Appeal No. 2016-1524, the Federal Circuit rejected a proposed exception to 28 U.S.C. § 1447(d), which bars review of an order remanding a case...
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Apr
26
Summaries of recent reported decisions of the Federal Circuit prepared by Irfan Lateef. Federal Circuit Reverses Finding of Infringement Where Patentee Fails to Overcome Strong Presumption That Markush Groups Are Closed In Shire Development, LLC v. Watson Pharmaceuticals, Inc., Appeal No. 2016-1785, the Federal Circuit reversed and remanded a district...
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Feb
22
In patent litigation, the question of whether venue is proper often turns on whether a defendant resides in the forum. The patent venue statute, 28 U.S.C. § 1400(b), provides that an “action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant...
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