ARE Patent Law Alert:THE FEDERAL CIRCUIT RULES THAT TRIBAL SOVEREIGN IMMUNITY CANNOT BE ASSERTED IN IPRs
On July 20, 2018, in an opinion penned by Circuit Judge Moore, the United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) denial of both the Saint Regis Mohawk Tribe’s motion to terminate on the basis of sovereign immunity, and Allergan’s motion to withdraw from the proceedings. […]
US Appellate Court boosts “Diagnose and Treat” claims
Journal of Intellectual Property Law & Practice, jpy091, https://doi.org/10.1093/jiplp/jpy091 Abstract Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, US Court of Appeals for the Federal Circuit, 126 USPQ2d 1266 (2018), 13 April 2018 The US Court of Appeals for the Federal Circuit clarified that, at least in special circumstances, a‘diagnose and treat’claim is both patent-eligible and […]
Congratulations to Charles Macedo on being named again to IAM Strategy 300
The world’s pre-eminent IP strategists have been named in the latest edition of IAM Strategy 300 – The World’s Leading IP Strategists, published online by IAM and free to access. The unique guide lists the individuals that in-depth research, undertaken by a team based in London, Washington DC and Hong Kong, has shown to possess […]
ARE Patent Law Alert:
THE FEDERAL CIRCUIT RULES THAT TRIBAL SOVEREIGN IMMUNITY CANNOT BE ASSERTED IN IPRs
On July 20, 2018, in an opinion penned by Circuit Judge Moore, the United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) denial of both the Saint Regis Mohawk Tribe’s motion to terminate on the basis of sovereign immunity, and Allergan’s motion to withdraw from the proceedings. […]
Network-1’s Combined Petition for Panel Rehearing or Rehearing En Banc in Google LLC v. Network-1 Technologies, Inc., No. 2016-2509, -2510, -2511, -2512 (Fed. Cir. May 9, 2018
Click here to download pdf: GOOGLELLC, Appellant, V. NETWORK-I TECHNOLOGIES, INC., Appellee
ARE Patent Law Alert:
SUPREME COURT TO CLARIFY ‘ON SALE’ BAR IN HELSINN HEALTHCARE S.A. V. TEVA PHARMS. USA, INC.
On June, 25, 2018, the U.S. Supreme Court granted certiorari in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., No. 17-1229 to address the scope of the “on-sale bar” after the Leahy-Smith America Invents Act (“AIA”). Specifically, the Court will consider whether confidential prior sales of an invention trigger the on-sale bar, and qualify as […]
ARE Patent Law Alert:
USPTO GUIDANCE ON SUBJECT MATTER ELIGIBILITY OF METHOD OF TREATMENT CLAIMS
On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the district court’s ruling that the claims at issue in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Cir. 2018), were patent eligible under 35 U.S.C. § 101. In a 2-1 split decision, the Court held that […]
In The Press:IPWATCHDOG Turns To Partner Charles R. Macedo For Insight on SAS Institute Decision
SAS: When the Patent Office institutes IPR it must decide patentability of all challenged claims By Gene Quinn & Renee C. Quinn Yesterday the United States Supreme Court issued decisions in both Oil States v. Green Energyand SAS Institute v. Iancu. In Oil States the Supreme Court upheld the constitutionality of inter partes review (see here, here and here). In SAS Institute, a 5-4 majority […]
ARE Patent Law Alert:
SCOTUS AUTHORIZES FOREIGN LOST PROFITS FOR DOMESTIC INFRINGEMENT UNDER 35 USC 271(f)(2) IN WESTERNGECO v. ION
(June 25, 2018) On June 22, 2018, the Supreme Court of the United States delivered an opinion in WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, slip op. (U.S. June 22, 2018), addressing the question of whether a patent owner who proves infringement under 35 U.S.C § 271(f)(2) can recover lost foreign profits pursuant to […]
In The Press: IPWatchdog Turns To Partner Charles R. Macedo For His Insight Into SCOTUS Decision in Oil States v. Green Energy
Industry Reaction to Supreme Court Decision in Oil States v. Green EnergyBy Gene Quinn & Renee C. Quinn on Apr 24, 2018 06:17 pm Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III and the Seventh Amendment to […]