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Alert - December 11, 2018

The Patent Trial and Appeal Board (“Board”) has convened a Precedential Opinion Panel (“POP”) for review of an “exceptional issue,” accepting a recent petitioner's request for rehearing of a decision denying a motion for joinder and inter partes review (IPR) petition...

Alert - November 20, 2018

On November 9, 2018, the United States Court of Appeals for the Federal Circuit considered whether the doctrine of assignor estoppel should apply in the context of an inter partes review...

Alert - November 16, 2018

A year has passed since the United States Patent and Trademark Office (“USPTO”) implemented its Post-Registration Proof of Use Audit Program (“Use Audit Program”). The Use Audit Program empowers the USPTO to require...

Alert - November 14, 2018

Much attention was drawn to the Federal Circuit’s decision on January 8 2018 in Wi-Fi One v. Broadcom, 878 F.3d 1364 (Fed. Cir. 2018), where the court allowed a patent owner to appeal the Patent Trial and Appeal Board’s (“PTAB”) rulings on the statutory time bar for an inter partes review (“IPR”)...

Alert - November 12, 2018

On October 26, 2018, the Supreme Court granted certiorari to review the Federal Circuit’s decision in Return Mail, Inc. v. United States Postal Service, et al., 868 F.3d 1350 (Fed. Cir. 2017), addressing specifically whether the federal government itself has standing to challenge patents via post-grant proceedings under the America Invents Act (“AIA”)...

Alert - October 24, 2018

On October 18, 2018, Judge Leonard P. Stark dismissed a Hatch-Waxman case involving apixaban (Eliquis®) that had been filed against Mylan Pharmaceuticals, Inc. in the District of Delaware for improper venue in Bristol-Myers Squibb Co. et al. v. Aurobindo Pharma USA Inc. et al., No. 17-cv-374 (D. Del.)...

Alert - October 17, 2018

On October 11, 2018, President Donald Trump signed the Music Modernization Act (H.R. 1551) into law, marking the passage of significant “landmark legislation” in copyright law that is “expected to benefit the many stakeholders across all aspects of the music marketplace, including songwriters, publishers, artists, record labels, digital services, libraries, and the public at large...”

Alert - October 16, 2018

On October 9, 2018, the United States Court of Appeals for the Federal Circuit affirmed a grant of summary judgement of invalidity due to patent-ineligible subject matter in Roche Molecular Systems, Inc. .v Cepheid, No. 2017-1690, applying its prior holding concerning claims directed to similar technology in In re BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litigation, 774 F.3d 755, 760 (Fed. Cir. 2014)...

Alert - October 02, 2018

On September 27, 2018, the U.S. Supreme Court agreed to hear the copyright dispute between a technology company, Oracle, and a software business, Rimini Street, directed to the issue of whether the U.S. Copyright Act’s allowance of “full costs” to a prevailing party includes non-taxable costs...