{4 minutes to read} In a recent case, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner’s rejections only. The portion of the PTA statute at issue says: [I] the issue of an original patent is delayed due […]
In a recent case, Eli Lilly and Co. v. Teva Pharmaceuticals International GmbH, the Federal Circuit upheld the validity of Teva’s patents directed to specific methods of treatment using an “effective amount” of certain antibodies. The court agreed with the Patent Trial and Appeal Board (PTAB) that the claim preambles were limiting, and that obviousness […]
In a recent case, Samsung Electronics America v. Prisua Engineering Corp., the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) cannot invalidate patent claims as indefinite during an Inter Partes Review, making some patents more difficult to challenge.
{2:10 minutes to read} In the recent case, In re Stepan Co., the Federal Circuit vacated an obviousness rejection that had been affirmed by the USPTO Patent Trial and Appeal Board (PTAB).
{2:50 minutes to read} There is much to be learned from the recent case, Perfect Surgical Techniques, Inc. v. Olympus America, Inc. The Federal Circuit held that the Patent Trial and Appeal Board (PTAB) ruling was incorrect and found that there was evidence that the inventor conceived of the invention before the cited prior art.
{1:40 minutes to read} A significant case for the patent law industry is currently on appeal before the Federal Circuit court. The case, Immersion Corp. v HTC Corp., could decide what happens when an application is filed before the patenting of its parent application. Oral arguments for this case will be heard by the court […]
{2:25 minutes to read} The new case Lexmark v. Impression addresses the right to import, reuse, and resell patented articles. Specifically, this case reaffirmed that: A seller can use its patent rights to block both resale and reuse of a product. Authorized sales of a product abroad does not exhaust the US patent rights associated […]
{3 minutes to read} In the recently decided case Pfizer v. Lee, the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Virginia, upholding the lower court’s ruling that the patent term adjustment calculation should stop the clock from running against the United States Patent & Trademark Office (USPTO) […]
{3:30 minutes to read} In the recently decided case In re Urbanski, the Federal Circuit Court upheld the decision of the United States Patent & Trademark Office’s Trial and Appeal Board, which had found obvious the claims of Urbanski’s patent application. Urbanski had argued unsuccessfully that the cited references taught away from their combination. However, […]
{2:55 minutes to read} When drafting a patent application, it is very important to be mindful of admissions as well as any information in the public domain. In looking at a recent appeal that was decided by a Federal Circuit Court, we learn why this is so important: During the prosecution of U.S. Patent Application […]