Per the express language of 35 U.S.C. § 311, a petitioner in an IPR may request cancellation of a claim “only on a ground that could be raised under section 102 or 103.” In other words, an issued clai...
Overview On August 27, 2020, the Federal Circuit vacated the district court’s determination that Genentech’s Hemlibra® (emicizumab-kxwh) product for treating hemophilia did not infringe Baxalta’s US P...
A summary written by Libbie DiMarco on Mayborn Group, Ltd. v. Int’l Trade Comm’n, No. 2019-2077 (Fed. Cir. July 16, 2020) titled "Federal Circuit Rules that the Commission Cannot Adjudicate an Invalid...
As the COVID-19 pandemic continues, courts across the country are responding by modifying their standard procedures in the hopes of mitigating the spread of the virus. While some judges are issuing or...
UPDATE: THE FOLLOWING CONTENT WAS ADDED AUGUST 5, 2020
An article written by Greg Corbett and Libbie DiMarco titled "Cross-Roads of Patent Litigation and IPR Practice" was published in IP Litigator. Read more.
Overview Cell-free fetal DNA technology was again the centerpiece of a dispute between plaintiffs Illumina and Verinata Health (referred together as Illumina), and defendants Ariosa Diagnostics and Ro...
Overview The Federal Circuit upheld the US District Court for the District of Delaware’s decision that generic Slayback Pharma did not infringe Eagle Pharmaceutical’s patents covering its anti-cancer ...
Even when certain elements in a claimed method are not expressly disclosed in the prior art, the claim can still be held obvious if the missing elements are supplied in the form of an inherent propert...
There is always a danger in raising an argument for the first time on appeal. The Federal Circuit’s recent decision in Boston Scientific Neuromodulation v. Nevro (No. 2019-1584) provides yet another e...
An article written by Amanda Slade and John Strand titled "Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks" was published in IPWatchdog. Read more.
An article written by Greg Corbett and Marie McKiernan titled "Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments" was published in Law.com. Read more (su...