Director Considers Common Customer/Supplier Indemnification Scenarios
Earlier this year, the USPTO Director clarified that competitors of a multi-defendant suit do not necessarily share a “significant relationship” consistent with PTAB precedent to justify a discretionary denial of an otherwise meritorious IPR
Another Symbolic Gesture at Year End
This past Thursday the Senate Judiciary Committee voted to advance the so-called Promoting Respecting Economically Vital American Innovation Leadership Act (PREVAIL) to the Senate floor — barely, by a vote of 11-10. The Bill
Federal Circuit to Reconsider In re Cellect Carve Out?
Back in August, the Federal Circuit issued its long-awaited decision in Allergan v. MSN Laboratories Private Ltd. That decision distinguished In re Cellect as not generally deciding that a second later
Final Rules Expand Director Review Reach
The USPTO has now issued a final rule package (here) to implement the Director Review process in AIA trial proceedings. The final rules follows the Notice of Proposed Rulemaking (NPRM) of April
CAFC Distinguishes Cellect Based on First-in-Time Patent Term
Today the Federal Circuit issued its long-awaited decision in Allergan v. MSN Laboratories Private Ltd. As expected by many following the case, the Court decided that being “first” matters in double patenting
FWD Boilerplate Encourages Rework
Rule 42.73 (d)(3)(i) explains that a Patent Applicant or a Patent Owner is precluded from taking action inconsistent with a claim cancellation, including, obtaining in any patent a claim that is not patentably distinct from a
Boardside Chat Thursday July 18th
Tomorrow, Thursday, July 18, from noon to PM (EST), the USPTO will offer another episode of its “Boardside Chat” webinar series. This month, the webinar will focus on motions practice in America Invents Act (AIA)
Final Rule Package Expected in Fall
For those patent professionals living under a rock the past few months, the USPTO issued a notice of proposed rulemaking (NPRM) back in May that seeks to add a new stipulation requirement for terminal
Litigation/PTAB Update & Look Forward to 2025
For those seeking CLE, or just the latest updates and practice changes, consider joining me and my colleague Libbie DiMarco for the upcoming Mid-Year Litigation & PTAB Review. The webinar will be
Public Notice & Transparency
Yesterday the PTAB announced an update to its Standard Operating Procedure (SOP 1). The update explains how judges are paneled, recused, and staffed on a given case. This latest revision aligns with recently updated Paneling Guidance,