The Open COVID Pledge: What You Need to Know
As COVID-19 continues to impact people around the world, many organizations and institutions are shifting gears to focus their efforts on ways in which they can help. Some are working to combat corona...
Articles
Illuminating Section 101: The Federal Circuit Upholds Diagnostic-Related Patent In Illumina, Inc. v. Ariosa Diagnostics, Inc.
Overview On March 17, 2020, the Federal Circuit reversed the district court’s finding that two patents relating to diagnostic methods involving cell-free fetal DNA were invalid for lacking subject mat...
Hearings in the Time of COVID-19: Effective Representation While Remote
Due to the current COVID-19 pandemic, effectively all hearings and oral arguments must be cancelled, rescheduled or conducted remotely. Because it remains unclear when it will be safe—and responsible—...
The Federal Circuit Slams the Door Closed On Same-Party Joinder
The March 2019 decision from the PTAB’s Precedential Opinion Panel (“POP”) in Proppant Express Investments v. Oren Technologies held that petitioners can in some situations join issues to their pendin...
On Trend: Reviewing Hot Topics at the International Trade Commission
With rapid developments in substantive and procedural law, as well as technical advances in artificial intelligence resources, this article examines what trends may lie ahead at the US International T...
Using Prosecution History in IPR: What You Say May Come Back to Help You
Prosecution history can be a minefield in patent cases, and IPR is no different. In the context of construing patent claims, much of the focus is often on whether the patent owner disclaimed particula...
Lessons on Inherency Challenges After Hospira v. Fresenius Kabi USA
The Federal Circuit’s recent decision in Hospira v. Fresenius Kabi USA is the latest to show how the court handles allegations of inherency in life sciences patent litigation. Jonathan Roses dissects ...
Lessons on Inherency Challenges After Hospira v. Fresenius Kabi USA
An article by Jonathan Roses titled "Lessons on inherency challenges after Hospira v. Fresenius Kabi USA" was published by Westlaw Journal. Read more.
Hospira Requests En Banc Review as to its Entitlement to Safe Harbor Protections for Manufacturing its Epogen® Biosimilar
Overview On January 15, 2020, Hospira, Inc. filed a petition for rehearing en banc of the Federal Circuit’s December 16, 2019 panel decision in Amgen, Inc. v. Hospira, Inc., Nos. 2019-1067, 2019-1102 ...
Indefinite, but Obvious and Anticipated? Federal Circuit Tells PTAB Certain Indefinite Claims May Be Anticipated or Obvious
Patent claims that could be indefinite have long raised tricky issues for parties in IPR. Should petitioners challenge in IPR claims they think are indefinite? What should the PTAB do if it concludes ...
The Trademark Reporter's 2020 Annual Review of U.S. Trademark Cases
The 2020 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventy-Second Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of...
The Purple Book: The FDA Announces Welcome Enhancements
Earlier this week, the FDA announced that it has made enhancements to the Purple Book. These changes improve how information related to biological and biosimilar products is accessed through the use o...