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Patents

Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent Trial and Appeal Board (PTAB) decisions to institute inter partes review (IPR), should preclude appeals of PTAB institution decisions, even where the appeal is based on Section 315(b)’s …

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Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

PTAB (31 new filings) Case Number Action Owner Petitioner Patent IPR2020-00687 Filed Parus Holdings Inc. Apple Inc. 9451084 IPR2020-00686 Filed Parus Holdings Inc. Apple Inc. 7076431 IPR2020-00715 Filed Medtronic, Inc. Axonics Modulation Technologies, Inc. 8036756 IPR2020-00714 Filed Medtronic, Inc. Axonics Modulation Technologies, Inc. 9463324 IPR2020-00681 Filed Targeted Radio LLC [Acacia] Unified Patents, LLC 8948684 IPR2020-00718 …

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Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

“The Sanofi decision behooves drug sponsor, generic manufacturers, and drug purchasers alike to examine the Orange Book listings for potentially improperly listed patents.” The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an antitrust suit against Sanofi by direct …

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Everything Depends on Coronavirus R&D Partnerships—Don’t Let the Critics Wreck Them

“When we do come up with a vaccine (or more than one) the government is going to be the buyer…. And, if necessary, the government has the power to seize business assets (including inventions) to allow it to deal with a national emergency first and worry about fair compensation later. So, you’ll spend your time …

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The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote separately to explain their reasons for denying, or dissenting from denial on, rehearing. IPWatchdog Founder and CEO Gene Quinn said the order reveals a chaotic and disorganized …

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Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End

“Even if the Alternative for Germany party, which is said to be critical of the UPC, and the communist party, which voted against subsequent UPC related legislation, were to vote against the approval act, the government should have no difficulty in securing a 2/3 majority.” On Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) …

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Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

“Instead of a limited review of weak patents that Director Kappos assured me would amount to no more than 500 cases a year, the AIA has created a tsunami of new cases…. The current judicial squabble over Arthrex and its implications may at least have the virtue of prompting Congressional review on the impact of …

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‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO

Constitutional arguments should ordinarily be preserved before the agency; otherwise those constitutional arguments might be summarily deemed forfeited on appeal. The appellate court might consider the constitutional arguments without proper preservation, but don’t bet on it. It has been about a year since my first essay appeared on IPWatchdog.com. My topic dealt with preserving constitutional …

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German Decision Puts Unified Patent Court Agreement in Jeopardy

“The likelihood is that this represents the end of the Unified Patent Court project, or at least a lengthy delay. The existing system whereby European patents are enforced separately in each member state will continue for the foreseeable future.” Judges in Germany have dealt what may be a fatal blow to the project to create …

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Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery

“Broadcom alleges that the patent claims at issue in this lawsuit cover crucial aspects of the Netflix streaming service, including systems for reliable content delivery with minimal interruptions, efficient server resource use and encoding content in formats compatible with client devices accessing the Netflix service.” On March 13, American semiconductor developer Broadcom Corporation filed a …

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