Searching Content indexed under Litigation, Mediation & Arbitration by Jennifer Chheda ordered by Published Date Descending.
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Secret Sales Are Still Prior Art: U.S. Supreme Court Affirms Helsinn Healthcare
The Supreme Court unanimously finds that the AIA's "on sale" statutory language did not alter the pre-AIA "on-sale" bar.
United States
31 Jan 2019
Federal Circuit Grants Motion Remanding For Consideration Of All Grounds
Following the logic set forth in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348, the Federal Circuit granted Petitioner Adidas AG's motion to remand IPR2016-00921 and IPR2016-00922 to the PTAB for consideration...
United States
16 Jul 2018
Patent Prosecutors Beware: Earlier Publication Anticipates Broad Claims Of Continuing Application
A recent written decision by the PTAB in connection with an inter partes review (IPR) proceeding is a reminder to patent prosecutors to carefully consider the possible construction of claim terms in a continuation or...
United States
14 Feb 2018
Federal Circuit Clarifies Probative Value Of Patent Dance Statements
The United States Court of Appeals for the Federal Circuit ("Federal Circuit") considered the Biologics Price Competition and Innovation Act ("BPCAI") once again on November 13, 2017.
United States
24 Nov 2017
Supreme Court Hears Oral Arguments In Sandoz Inc. v. Amgen
On April 26, 2017, the U.S. Supreme Court heard oral argument in Sandoz Inc. v. Amgen Inc. (Nos. 15-1039, 15-1195), on appeal from the Federal Circuit's July 21, 2015, opinion interpreting...
United States
12 May 2017
Meet The New Boss, Same As The Old Boss: Federal Circuit Interprets AIA's On-Sale Bar
For more than 60 years, Section 102(b) of the Patent Act precluded patentability when the invention was "in public use or on sale in this country [for] more than one year" before the filing...
United States
10 May 2017
PTAB Denies Institution of IPR Proceedings Against Bayer's Patent Covering STIVARGA®
On February 8, 2017, the PTAB denied Fustibal LLC's ("Fustibal") petition to institute inter partes review of U.S. Patent 8,637,553 B2 ("the '553 patent") owned by Bayer HealthCare LLC ("Bayer") (IPR2016-01490).
United States
14 Mar 2017
180-Day Notice Of Commercial Marketing Mandatory Even When Biosimilar Applicants Do The "Patent Dance"
On July 5, 2016, the Federal Circuit issued another important decision regarding the meaning of certain provisions of the Biologics Price Competition and Innovation Act of 2009 ("BPCIA").
United States
15 Jul 2016
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