United States:
Final Written Decision Not Enough For Assertion Of Amended Claims
To print this article, all you need is to be registered or login on Mondaq.com.
Visit the PTAB Litigation Blog.
Claims added or amended during inter
partes review ("IPR") do not become part of a
patent until the Patent Office officially says so by issuing an IPR
certificate under 35 U.S.C. § 318(b). The patentee needs
more than a Final Written Decision ("FWD") to enforce
these new claims. That's the takeaway from a recent
District Court decision from the Southern District of
California, Pulse Elecs., Inc. v. U.D. Elec. Corp.,
No. 3:20-cv-01676, ECF No. 20 (S.D. Cal. Apr. 9, 2021).
Read the full article at
ptablitigationblog.com.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Intellectual Property from United States
Trademarks Comparative Guide
Obhan & Associates
Trademarks Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
The Virtues Of Claiming Precisely What The FDA Approved!
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Teva Pharms. USA, Inc. v. Corcept Therapeutics, Inc., No 21-1360 (Fed. Cir. Dec. 7, 2021), the Federal Circuit affirmed the Final Written Decision of the Patent Trial and Appeal Board ("the Board") holding Teva failed to show all the challenged claims in PGR2019-00048 would have been obvious.
The Top Ten TTAB Decisions Of 2021 (Part I)
Wolf, Greenfield & Sacks, P.C.
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021).
