15 May, 2024 Large and Unjustified: Second Circuit Clarifies Pleading Requirements in Reverse Payments Cases By Caroline Boisvert Ted Mathias On May 13—and more than ten years after Federal Trade Commission v. Actavis, the leading U.S. Supreme Court case on reverse payment...
15 May, 2024 Countdown to Deadline for Comment Submission to the ITC By Jeannine Sano Eric Krause Pan Lee Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337...
14 May, 2024 Notice of Proposed Rulemaking to Expand Reach of Terminal Disclaimers By Eric Krause Pan Lee Don Wang On May 10, 2024, the USPTO posted a notice of proposed rulemaking (NPRM) soliciting comments regarding a proposed change concerning...
13 May, 2024 Patent Damages Procedural Fails Keep Coming By Ted Mathias Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with...
06 May, 2024 Will the PTO's Proposed Expansion of Filing Settlement Agreements Help to Reduce Drug Prices? By Chad Landmon Craig Minerva In a recent Federal Register notice, the PTO announced a proposed rule requiring that any settlement agreement resolving a PTAB...
02 May, 2024 AI Can’t Be an Inventor, But How About a POSA? By Don Wang Jeannine Sano On April 30, 2024, the U.S. Patent and Trademark Office (PTO) issued a Request for Comment on how AI technology could affect the PTO’s...
02 May, 2024 How To Determine Whether “Common Sense” Could Supply a Missing Limitation? Ask a Reasonable Juror By Don Wang Jeannine Sano As previously reported, the appeal in Fullview v. Polycom, No. 23-1201, involved the question of whether common sense may be relied upon...
01 May, 2024 USITC Commissioner Series: What Divides the International Trade Commission? By Brian Johnson Don Wang Ramya Auroprem Ian Swan +1 more... Show less At the International Trade Commission, a panel of up to six Commissioners is the gatekeeper of Section 337. Before the termination of any...
30 Apr, 2024 FTC Expands Orange Book Patent Listing Challenges By Chad Landmon Matt Murphy Ross Blau As discussed in November and December, the FTC has placed improper Orange Book patent listings squarely in its crosshairs. Initially,...
24 Apr, 2024 New PTAB Rules Under Consideration By Jeannine Sano Don Wang On April 15, 2024, in response to feedback on last year's ANPRM, Director Vidal issued an invitation to comment on the new NPRM governing...
22 Apr, 2024 Vanda Strikes Out at the Supreme Court By Chad Landmon Matt Murphy Thomas Hedemann Two weeks ago we discussed Vanda Pharmaceuticals’ ambitious cert petition asking the Supreme Court to discontinue the “reasonable...
15 Apr, 2024 The Pleading Standard for Complex Technology? It's Complex. By Ted Mathias Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case...
09 Apr, 2024 Vanda Swings for the Fences and Asks the Supreme Court to Heighten the Standard for Obviousness By Chad Landmon Matt Murphy Thomas Hedemann Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable...
04 Apr, 2024 Nokia and the Burden of Burdens By Ted Mathias Much like secondary considerations, non-infringing alternatives fit imperfectly within many scheduling orders. The patentee has the...
29 Mar, 2024 ChromaDex Stands Out, But Not in a Good Way By Ted Mathias The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity...
27 Mar, 2024 Puma and the Pitfalls of the “Narrow” Exclusive License By Ted Mathias Matt Murphy Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to...