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1
Jones Day Talks Intellectual Property: Section 101, Life Sciences, And The Alice Two-Step
Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space.
United States
21 Jan 2019
2
ALJ Rules That Products Manufactured After The Date Of Complaint Not Relevant To Domestic Industry Analysis
In a recent Order, Judge Lord denied Complainant Macronix's motion for summary determination that the economic prong of the domestic industry requirement has been met.
United States
14 Feb 2018
3
When Is It Too Late To Amend An ITC Complaint?
In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC's motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454...
United States
6 Dec 2017
4
R&D Based Domestic Industry Questions Remain
Two recent decisions from the ITC appear to conflict with ALJ Lord's position, leaving the issue ripe for the Commission to directly address.
United States
11 Jul 2017
5
Default Determination Highlights The Importance Of Alleging Every Element
A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint.
United States
11 Jul 2017
6
PTAB Denies Institution of IPR Proceedings Against Bayer's Patent Covering STIVARGA®
On February 8, 2017, the PTAB denied Fustibal LLC's ("Fustibal") petition to institute inter partes review of U.S. Patent 8,637,553 B2 ("the '553 patent") owned by Bayer HealthCare LLC ("Bayer") (IPR2016-01490).
United States
14 Mar 2017
7
ITC Flourishes In 2016 As District Courts And PTAB Wither
This increased attention of patent adversaries to the ITC is even more remarkable when viewed in light of the reduction of new cases in other forums for patent dispute resolution.
United States
1 Mar 2017
8
ITC Declines To Take A Position On Contributory Infringement And Laches Issues
On February 29, 2016, the ALJ issued his ID finding a violation of Section 337 based on the importation of products that infringe U.S. Patent Nos. 6,677,082 and 6,680,143.
United States
7 Feb 2017
9
ITC Complainants Continue Preference For Asserting Five or Fewer Patents, ITC Blog
In 2016, the vast majority of Complainants continued the trend of asserting five or fewer patents.
United States
30 Jan 2017
10
ALJ: Complainant Waived Work Product Protection, ITC Blog
On January 13, Judge Lord issued the public version of Order 50 in Certain Semiconductor Devices, Semiconductor Device Packages, And Products Containing Same, Inv. 337-TA-1010.
United States
23 Jan 2017
11
OUII Recommends Narrow Scope For Advisory Opinion, ITC Blog
Of note, the Staff recommended that the scope of the advisory opinion be limited to the products actually named in the requesters' petition.
United States
15 Nov 2016
12
PTAB Upholds Patent Claims On Methods Of Using Ravicti®, PTAB Litigation Blog
Par's IPR petition was joined with Lupin's later-filed petition that raised substantially similar grounds.
United States
15 Nov 2016
13
Deal On IP Rights For Biologic Drugs Under TPP Close
According to industry and congressional sources, a deal on intellectual property rights for biologic drugs under the TPP may be in the near future.
United States
14 Nov 2016
14
PTAB Declines To Institute IPR Proceedings Against Three Biogen TYSABRI® Formulation Patents
On October 17, 2016, the PTAB declined the requests of Swiss Pharma International AG in cases IPR2016-00912, IPR2016-00915, and IPR2016-00916 to institute inter partes reviews of three patents owned by Biogen Idec MA, Inc.
United States
9 Nov 2016
15
Section 337 Week In Review, ITC Blog
In this installment of Section 337 Week in Review, the Commission denies a stay of an exclusion order in 337-TA-721 and extends the target date in 337-TA-959.
United States
4 Nov 2016
16
Commission Denies Stay Of Exclusion Order In Marine Sonar Investigation, ITC Blog
On October 21, 2016, the Commission issued the public version of its opinion denying an emergency motion to stay the modified exclusion order entered in Marine Sonar Imaging Devices...
United States
3 Nov 2016
17
ITC Upholds 100-Day Pilot Program Section 101 Ruling
On September 21, 2016, in Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994, the Commission determined not to review Judge Shaw's initial determination ("ID") that the asserted patent, U.S. Patent Number 6,928,433, is directed to ineligible subject matter under 35 U.S.C. § 101.
United States
27 Sep 2016
18
IPR Petitioner Estopped On Grounds That Could Have Been Raised Earlier, PTAB Litigation Blog
In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112
United States
22 Sep 2016
19
ITC Denies Request For Entry Into 100-Day Pilot Program, ITC Blog
In Certain Industrial Control System Software, Systems Using Same, and Components Thereof, the Commission denied a request by one of three respondents to utilize the Early Disposition 100-Day Pilot Program.
United States
20 Sep 2016
20
ITC Amenable To Early Section 101 Challenges
Each of these decisions came relatively early in the case, with one issuing pursuant to the Commission's 100-Day Pilot Program.
United States
6 Sep 2016
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