25 Apr, 2024 Amending ANDA by Purportedly Carving Out Infringing Use—After Trial—Does Not Rescue the Amended ANDA from the Negative PIV Judgment By Dan Liu The district court in Salix Pharmaceuticals, Ltd. et al v. Norwich Pharmaceuticals, Inc., Civil Action No. 20-430-RGA (D. Del.) was asked...
28 Mar, 2024 Reminder: Motivation to Combine Is Still Required to Render Patent Claims Obvious By Jonathan B. Thielbar The Federal Circuit recently reversed a PTAB obviousness finding because it found no motivation to combine features of the two cited...
22 Mar, 2024 USPTO to Allow E-Signatures but Foreign Jurisdictions Still Require Ink Signatures By William J. Kramer While e-signatures have been accepted for transactions in many facets of life for years, the USPTO finally has approved e-signatures for...
12 Mar, 2024 Patent Protection for AI-Assisted Inventions By Jonathan B. Thielbar Only “natural persons” can be named “inventors” on U.S. patents. But last month, the U.S. Patent and Trademark Office (USPTO) issued...
19 Jan, 2024 USPTO Issues Guidelines for Assessing Enablement after the Supreme Court’s Amgen v. Sanofi Decision By Ryan Hagglund Last week, the United States Patent and Trademark Office (USPTO) published the Guidelines for Assessing Enablement in Utility...
28 Dec, 2023 DABUS Denied: UK Joins EU, US and Australia In Requiring Human Inventorship For Grant of Patent By Melanie J. Howard In alignment with both the U.S. Patent & Trademark Office's determination in 2020 (affirmed by the U.S. Court of Appeals for the Federal...
04 Dec, 2023 The Perils of Incorporation by Reference at the Federal Circuit By Ryan Hagglund Because judicial resources are limited, virtually all courts impose length limitations, such as word, page, or line limits, for briefing....
20 Nov, 2023 Investors File Class Action Suits against Insecticide Manufacturer Regarding Statements Concerning Patent Litigation By Ryan Hagglund Manufacturers of pharmaceuticals, biologics, and herbicides, as well as companies in virtually every industry, routinely make statements...
20 Nov, 2023 Updated GUI design patent guidelines issued By William J. Kramer The USPTO issued clarifying guidance on whether Graphical User Interfaces (GUIs) can be covered by design patents. The relevant statute...
15 Nov, 2023 Design Patent Bar Created By William J. Kramer In response to pleas to broaden the group of people that can file design patents, the USPTO has created a design patent bar. ...
13 Nov, 2023 Federal Circuit Requires Analysis of Extrinsic Evidence in Construction of "a pH of 13" By Ryan Hagglund Earlier this week, in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 22-1889, 2023 U.S. App. LEXIS 29433 (Fed. Cir....
08 Nov, 2023 FTC's New Orange Book Listing Complaints Target Drug Delivery Device Patent Issue That FDA Has Ignored For Years By Jim Czaban The Federal Trade Commission (FTC) is at it again, jumping into the Food and Drug Administration's sandbox with a splashy press release...