by Green Griffith | Oct 4, 2018 | IP News
The en banc Federal Circuit refuses to re-hear the panel decision in Vanda Pharmaceuticals, and in doing so provides guidance concerning the patentability of method of treatment claims under Section 101. The USPTO responds by issuing Section 101 guidance document. The...
by Green Griffith | Oct 2, 2018 | IP News
The Federal Circuit’s decision in Click-To-Call Technologies clarifies the meaning of the language “served with the complaint” in 35 U.S.C. § 315(b) as it relates to the deadline for filing a petition for Inter Partes Review (IPR) after an infringement action is...
by Green Griffith | Sep 26, 2018 | IP News
Alcatel-Lucent USA v. Oyster Optics, LLC, IPR2018-00070 The PTAB has clarified its practice following SAS: not only will a reasonable likelihood of unpatentability relative to a single claim trigger Institution, but once that occurs, the PTAB is not obligated to...
by Green Griffith | Sep 21, 2018 | IP News
The CREATES Act (S. 974 and H.R. 2212), which if passed is expected to impact REMS programs, received a boost from the Congressional Budget Office (CBO) on September 18, 2018, when the CBO reported that the CREATES Act would save the government about $7.2 billion in...
by Green Griffith | Aug 16, 2018 | IP News
Certain sections of the Trial Practice Guide have been updated to provide guidance on, and incorporate, the PTAB’s current practices. USPTO has released an update to the PTAB Trial Practice Guide (“TPG”). A copy of this August 2018 update, which contains only the...
by Green Griffith | Aug 14, 2018 | IP News
Nantkwest, Inc. v. Iancu (en banc) A divided Federal Circuit has determined that 35 U.S.C. § 145, which permits the USPTO to recover “all the expenses of the proceedings” in connection with an appeal of a USPTO decision, does not permit the USPTO to recover its...
