Mondaq USA: Intellectual Property > Patent
Lewis Roca Rothgerber Christie LLP
The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office.
Seyfarth Shaw LLP
Finding against the Federal Circuit once again on a patent case, the Supreme Court this week issued a unanimous decision in Sandoz v. Amgen relating to the interpretation of the Biologics...
Arnold & Porter Kaye Scholer LLP
n June 12, 2017, the United States Supreme Court issued a unanimous opinion, written by Justice Thomas, in Sandoz, Inc. v. Amgen, Inc. ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
Orrick
This is at least the fourth time in the past year that a certiorari petition was filed, contending that AIA reviews were unconstitutional.
Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
Morgan Lewis
AbbVie's arguments raised in a prior IPR were key to the PTAB's finding of no commercial success.
Foley & Lardner
On June 12, 2017, the Supreme Court issued a unanimous decision in Sandoz Inc. v. Amgen Inc. (No. 15-1039), deciding that 42 U.S.C. § 262(l)(9)(C) sets forth the exclusive federal remedy for failing...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit vacated a district court judgment as it relates to marking, finding that the patent owner cannot use disclaimer to avoid the marking requirement...
McDermott Will & Emery
Addressing statutory estoppel issues in connection with inter partes re-examination, the US Court of Appeals for the Federal Circuit ordered the PTAB to dismiss a re-examination against certain...
Foley & Lardner
Thus, the court "affirm[ed] the district court's determination that the testing patents are directed to patent-ineligible subject matter."
Masuda, Funai, Eifert & Mitchell, Ltd.
In another decision against patent owners, the U.S. Supreme Court has decided to expand the scope of the patent exhaustion doctrine.
Brooks Kushman
The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to transfer a patent infringement action...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Below, a divided Federal Circuit panel held that: (1) a biosimilar applicant is not required to provide its application and manufacturing information to the Reference Product Sponsor (RPS)
Andrews Kurth LLP
On June 12, 2017, the United States Supreme Court granted certiorari in Oil States v. Greene's Energy Group, agreeing to decide whether administrative patent trials, launched in 2012...
Haug Partners
On June 12, 2017, in a unanimous decision, the Supreme Court of the United States decided Sandoz Inc. v. Amgen Inc., which concerned certain disclosure and notice requirements imposed by the of BPCIA 2009...
Brooks Kushman
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712 (U.S. June 12, 2017).
Sheppard Mullin Richter & Hampton
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit had its first opportunity to address the impact of the "or otherwise available to the public" clause contained in..
McDermott Will & Emery
Novartis AG owns two patents for a transdermal drug patch containing rivastigmine.
McDermott Will & Emery
An international panel of McDermott's US and European lawyers compare and contrast recent developments in trademark, copyright and design law, including developments in disparagement law...
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Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court's Impression Products decision, which expands the doctrine of patent exhaustion to sales outside the U.S. and confirms that the doctrine cannot be limited...
Morrison & Foerster LLP
In yesterday's TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a domestic corporation resides only in its state of incorporation for purposes of patent venue.
Andrews Kurth LLP
On May 22, 2017, the United States Supreme Court granted certiorari in SAS Institute, Inc. v. Lee...
BakerHostetler
In Rivera v. International Trade Commission, Appeal No. 2016-1841 (Fed. Cir. May 23, 2017), the Federal Circuit affirmed the ITC's decision invalidating Rivera's patent under the written description...
Jones Day
On May 30, 2017, the U.S. Supreme Court held that when a patent owner sells a product covered by a patent, that sale—whether it takes place in the United States or outside the country—"exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose, either directly or through a license."
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Below, a divided Federal Circuit panel held that: (1) a biosimilar applicant is not required to provide its application and manufacturing information to the Reference Product Sponsor (RPS)
Jones Day
We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations...
Lewis Roca Rothgerber Christie LLP
Under the longstanding doctrine of patent exhaustion, a patentee's rights are "exhausted" once an authorized sale has occurred.
Tarter Krinsky & Drogan LLP
For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location.
Duane Morris LLP
An apparent implication of the Court's holding, among others, is that an owner of a patent cannot assert a patent infringement action to enforce post-sale restrictions in an agreement.
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