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Sughrue Mion
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By Sughrue Mion
In Apple v. Smartflash (CBM2015-00015, 16, 18 and CBM2014-00194), the PTAB allowed subsequent patent office trials to continue without participation of the Petitioner.
By Susan Pan
On October 31, 2007, the U.S. District Court for the Eastern District of Virginia preliminarily enjoined implementation of the U.S.P.T.O. New Patent Rules package announced on August 21, 2007.
By Abraham Rosner
In “KSR International Co. v. Teleflex Inc.”, 127 S.Ct. 1727 (2007), the Supreme Court held that the test for obviousness used by the Federal Circuit was inconsistent with the patent Statute and Supreme Court precedent.
By Abraham Rosner
In the KSR Case, the Supreme Court held that the patent claim at issue was obvious, and therefore invalid.
By Abraham Rosner
Grounds for adjustment of patent term due to examination delay include, for example: (1) Failure, on the part of the PTO to take certain action within specified time frames.
By Kenneth Burchfiel
Merck KGaA v. Integra Lifesciences, the Supreme Court clarified the uncertain scope of the safe harbor under §271(e)(1), following the Federal Circuit’s vacillating pronouncements which suggested that the statutory exemption is limited to generic drug applications and to data from human clinical trials.The Supreme Court rejected the Federal Circuit’s narrow interpretation, holding that the exemption includes information reasonably related to the development of information submitted for approval