All lawsuits in federal district court start with the filing of a complaint. But that complaint, amongst other documents, must eventually reach the defendant for a lawsuit to truly begin—this is a nec...
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...
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...
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 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...
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...
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...
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 ...
An article by Jonathan Roses titled "Lessons on inherency challenges after Hospira v. Fresenius Kabi USA" was published by Westlaw Journal. Read more.
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 ...
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 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...