Searching Content indexed under Patent by Seyfarth Shaw LLP ordered by Published Date Descending.
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Biosimilar IPRs: Timing Is Everything . . . But When Is The Right Time?
Timing the filing of an inter partes review for companies in the early stage of developing a biosimilar product should be carefully considered based on the recent Federal Circuit case,
United States
15 Mar 2019
Fiduciary Duties With Respect To Trade Secrets For Dual Or Multiple Directors
As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O'Connell, Managing Director of Chawton Innovation Services Ltd.
United States
17 Dec 2018
Belt And Suspenders: Recent Federal Circuit Case Highlights Importance Of Using Trade Secret And Patent Protections For IP
Many companies assume that they need to choose between patent protections or trade secret protections for their intellectual property ...
United States
22 Nov 2018
Teva Sues FDA Alleging Unlawful Interpretation Of The Definition Of "First Applicant"
The FDA Reauthorization Act of 2017 (FDARA) created a new type of 180-day exclusivity for ANDA applicants applying for approval of certain drugs designated as Competitive Generic Therapies.
United States
29 Oct 2018
USPTO Director Proposes New Patent Eligibility Guidance
The test for patentable subject matter under Section 101 lies at the heart of patent system. However, very little guidance is provided in the actual statutory language.
United States
16 Oct 2018
The Week In Weed: August 10, 2018
Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
United States
16 Aug 2018
Tribal Immunity Cannot Be Asserted To Escape IPR Proceedings
Indian tribes ability to shield patents from review at the United States Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") took another blow at the Federal Circuit.
United States
2 Aug 2018
An Illustrated Guide To The USPTO's New Memo On Method Of Treatment Claims
The U.S. Patent and Trademark Office ("USPTO") has renewed the hopes of applicants looking to patent method of treatment claims.
United States
11 Jul 2018
Choose Your Weapon: Senate Amendment Pits ANDA/BPCIA Pathway Against Post-Grant Proceedings
Per Senator Orrin Hatch, the America Invents Act has disrupted the "careful balance"
United States
5 Jul 2018
USPTO Announces Notice Of Proposed Rulemaking For Claim Construction Standard Used In PTAB Proceedings
The USPTO announced today proposed rulemaking for changing its policy related to claim interpretation in Patent Trial and Appeal Board ("PTAB") proceedings (not including patent examination).
United States
11 May 2018
Part 2 Of 2: Supreme Court And Inter Partes Review
As we recently noted in our companion piece Part 1 of 2: Supreme Court and Inter Partes Review, the Supreme Court issued decisions in two intellectual property appeals relating ...
United States
2 May 2018
Part 1 Of 2: Supreme Court And Inter Partes Review
Oil States Energy Services LLC v. Greene's Energy Group LLC
United States
2 May 2018
Good ANDA Submission Practices: Summary Of Draft Guidance
The Food and Drug Administration (FDA), as part of its Drug Competition Action Plan, published a draft guidance detailing good practices for the submission of ANDAs on January 3, 2018.
United States
4 Apr 2018
2017 Patent Litigation: A Statistical Overview
It was a busy year for patent litigation across the broad, including the U.S. Patent and Trademark Office Patent Trial and Appeals Board (PTAB) ...
United States
16 Mar 2018
Federal Circuit Opens Door For PTAB Institution Decision Appeals
The Federal Circuit on Wednesday reversed Court precedent and long held belief that inter partes review ("IPR") institution decisions were categorically non-reviewable.
United States
25 Jan 2018
Amicus Briefs At The PTAB Permitted For Question On Termination Of Allergan IPR Case Based On Tribal Sovereign
In an unprecedented move by the U.S. Patent and Trademark Office (USPTO), the Patent Trials and Appeals Board (PTAB) has permitted the filing of amicus briefs on whether the Saint Regis Mohawk Tribe ("Tribe") ...
United States
29 Nov 2017
When Are Swashbuckling Experts Seemingly ‘Flooding' A Court With Large Number Of References?
In Bayer Pharma AG v. Watson Laboratories, Inc. (Fed. Cir. November 1, 2017), the Federal Circuit overturned the District of Delaware's finding that Watson failed ...
United States
17 Nov 2017
Sandoz V. Amgen: The Latest In Biosimilar Dances
Finding against the Federal Circuit once again on a patent case, the Supreme Court issued a unanimous decision in Sandoz v. Amgen relating to the interpretation of the Biologics Price Competition...
United States
24 Jul 2017
Sandoz V. Teva: Supreme Court Nixes Post-approval Waiting Period For Biosimilars
Finding against the Federal Circuit once again on a patent case, the Supreme Court this week issued a unanimous decision in Sandoz v. Amgen relating to the interpretation of the Biologics...
United States
23 Jun 2017
Venue In ANDA Litigation: Will TC Heartland Be A Sea Change Or Just A Drop In The Bucket?
Less than two months after oral argument, the Supreme Court issued a unanimous decision on Monday, May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, uprooting long-standing...
United States
14 Jun 2017
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