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Expiration of Patent Does Not Always Trigger Application of Phillips Standard on IPR Appeal

MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a patent during appeal...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) In the only precedential opinion issued by the Federal Circuit this week, the...

MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a... Read More »
WARSAW ORTHOPEDIC, INC., v. SASSO Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana... Read More »
On October 12, 2020, the California Attorney General published a Third Set of Modified Proposed Regulations (“Modified Regulations”) even though the final ... Read More »
CASE OF THE WEEK AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) In the only precedential opinion issued by the Federal... Read More »
By now, other commentators have posted on this Fed. Cir. decision (Appeal no. 2019 -1133, Sept. 28, 2020)—and found it to be a routine reversal of a district... Read More »
ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. Before, O’Malley, Bryson, and Reyna. Appeal from the U.S. District Court for the District of New Hampshire... Read More »
On September 25, 2020, Governor Gavin Newsom vetoed the California Genetic Information Privacy Act (“GIPA”), about which we reported here.  Governor... Read More »
Update: After publishing this article on October 7, 2020, several law firms reached out to confirm their actual patent prosecution revenue which helped us discover a... Read More »
UPDATE:  On September 25, 2020, Governor Gavin Newsom vetoed the California Genetic Information Privacy Act (“GIPA”). Click here for an... Read More »
CASE OF THE WEEK GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Appeal No. 2018-1976, -2023 (Fed. Cir. Oct. 2, 2020) Our Case of the Week focuses on... Read More »
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL Before Prost, Newman, and Moore.  Appeal from the U.S. District Court... Read More »
Joinder Estoppel Narrower Than Original Petition Estoppel Court’s have struggled with the meaning of the “reasonably could have raised” aspect... Read More »
Assigning a dollar amount to the entire patent prosecution market in the US has been something that kept our research team at Patexia quite busy for a while. Back in... Read More »
BIOGEN MA INC. v. EMD SERONO, INC. Before Newman, Linn, and Hughes.  Appeal from the District Court of the District of New Jersey. Summary: A known... Read More »
CASE OF THE WEEK Apple Inc. v. Voip-Pal.com, Inc., Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) In our Case of the Week, the Federal Circuit... Read More »
The California Legislature has delayed its plans to expand the scope of the California Consumer Privacy Act (“CCPA”) and make all of its provisions apply... Read More »
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY Before Prost, Newman, and Bryson. Appeal from the United States... Read More »
By: Eric Greenwald & Chelsea Loughran of Wolf Greenfield Scores of lawyers and stakeholders in the biologics industry had been eagerly awaiting guidance from a... Read More »
PTAB Seeks Public Input Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form (here) to the USPTO website that allows... Read More »
On April 20, 2020, the U.S. Supreme Court granted writ of certiorari in Van Buren v. United States to consider whether a person who is authorized to access... Read More »
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