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1
Preemption After Albrecht – Retiring "Most Favorable" Factual Review
Bexis is updating the preemption chapter of his prescription medical product liability treatise, and with Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019)
United States
28 Aug 2019
2
Reflections On Albrecht – What Preemption Being A "Legal Question" Might Mean
As we discussed in our "breaking news" post, the Supreme Court's decision in Merck Sharp & Dohme Corp. v. Albrecht, ___ S. Ct. ___, 2019 WL 2166393 (U.S. May 20, 2019) ("Albrecht") ...
United States
6 Jun 2019
3
D. Mass. Misreads New York Law To Make Patent-Holders Potentially Liable For Pre-Market Testing
Delaware and West Virginia also do not fit neatly into the blue/plaintiff-red/defense model.
United States
28 Feb 2019
4
Sugarfina Sues Candy Competitor For Trademark Infringement
Sugarfina alleges that consumers have turned to social media to voice their confusion over the similarity of Sugarfina and Sweet Pete's products.
United States
12 Jul 2017
5
Will The Supreme Court Kill IPRs?
This week, the Supreme Court granted Oil States Energy Service, LLC's Petition for Cert, challenging the constitutionality of the IPRs.
United States
19 Jun 2017
6
Assignor Estoppel Remains Unavailable as an IPR Defense
The Board's recent Final Written Decision in Arista Networks, Inc. v. Cisco Systems, Inc., Case IPR2016-00303, confirms that assignor estoppel remains unavailable to patent owners.
United States
7 Jun 2017
7
Supreme Court Expands Forum-Shopping Crackdown
While we are waiting for the Supreme Court to rule in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466 ("BMS"), an interesting thing happened.
United States
31 May 2017
8
The Supreme Court Will Review the Board's Partial Institution Practice
On May 22, the U.S. Supreme Court granted SAS Institute's Petition for Cert seeking review of the Board's practice of instituting review of some challenged claims but not others.
United States
25 May 2017
9
Revisions to N.D. California Patent Local Rules
On January 17, 2017, the Northern District of California enacted revisions to the Patent Local Rules. The revised rules, which took effect immediately, require earlier disclosure of damages-related discovery and contentions. Below is a summary of the specific changes.
United States
4 Mar 2017
10
Reed Smith Launches Second Edition Of 3D Printing White Paper
Following up the success of its first, medical device-focused 3D printing white paper, 3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles...
United States
19 Dec 2016
11
Federal Circuit Clarifies That It Still Lacks Jurisdiction To Review Whether Petition Was Time-Barred
A "determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable." 35 U.S.C. § 314(d).
United States
29 Sep 2016
12
USPTO Updates Accelerated Examination Program – Program Still Creates A Record That Could Be Cited Against Patent Owners In Post-Grant Trials
The accelerated examination program has had relatively low usage since the passage of the AIA.
United States
17 Aug 2016
13
PTAB Institution Decision Does Not Shift Burden From The Patent Challenger To The Patentee
The Federal Circuit previously clarified that a petitioner's burden to prove unpatentability never shifts to the patent owner.
United States
27 Jul 2016
14
Patent Office Institutes Post-Prosecution Patent Program
The United States Patent and Trademark Office's new pilot program provides patent applicants with a valuable tool to efficiently and inexpensively advance prosecution after a final office action.
United States
19 Jul 2016
15
The Introduction Of New Evidence Is Permitted During IPR Proceedings
Yesterday, the Federal Circuit issued an opinion clarifying that the introduction of new evidence is not only permitted, but "is to be expected," in inter partes review proceedings.
United States
16 Jun 2016
16
Supreme Court Sets New Standard For Enhanced Damages In Patent Litigation
The U.S. Supreme Court has set a new standard for determining when courts may award enhanced damages in patent disputes.
United States
15 Jun 2016
17
USPTO Memo Updates Examiner Guidance On Subject Matter Eligibility In View Of Enfish
Just weeks after its May 2016 memorandum to examiners providing guidance on subject matter eligibility under § 101, yesterday the USPTO issued a new memo updating its guidance to examiners...
United States
23 May 2016
18
Federal Circuit's Enfish Is An Important 101 Decision
Applicants for software-related patents will be interested in the Court of Appeals for the Federal Circuit's decision in the matter of Enfish v. Microsoft Corp., 2015-1244.
United States
19 May 2016
19
New Patent Office Memo To Examiners Raises The Bar For § 101 Rejections
Since the Supreme Court's Alice decision, the Patent Office has struggled with training examiners to properly analyze claims under section 101, and set forth well-reasoned patent-eligibility rejections.
United States
13 May 2016
20
May 2016 Update To Examiner Guidance On Patent Subject Matter Eligibility
A Federal Register notice is scheduled to publish tomorrow updating the 2014 interim guidance on patent subject matter eligibility...
United States
11 May 2016
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