On October 11, 2018, the USPTO published in the Federal Register a rule change, 83 F.R. 51340, to take effect today, November 13, 2018. For all AIA post-grant petitions (IPRs, PGRs, and CBMs) filed...
The Patent Trial and Appeal Board (PTAB) seems to have bungled an obviousness analysis (again), and was dinged by the Court of Appeals for the Federal Circuit in E.I. DuPont de Nemours v. Synvina...
On October 26, 2018, the dying plaintiff in the first-of-its-kind case involving Monsanto Co.’s glyphosate product, ROUNDUP®, has accepted a judge’s punitive damages award reduction prior to the...
On September 27, 2018, the Drug Enforcement Agency (DEA) scheduled EPIDIOLEX® as a Schedule V regulated drug under the Controlled Substance Act (CSA). In doing so, the DEA has expressly scheduled a...
An interesting question has been presented to the U.S. Supreme Court when it granted a writ of certiorari on October 26, 2018. That is, is the United States Government, through one of its agencies,...
Since today is Halloween, this blog will commemorate the occasion with a creepy patent. U.S. Patent No. 9,406,092 B2 (‘092) issued on August 2, 2016, for “Targeting items to a user of a social...
As a follow-up to our previous posting on the blockbuster glyphosate trial in which a plaintiff suffering from non-Hodgkin’s Lymphoma was awarded $289 million by a San Francisco jury, the judge, on...
On September 7, 2018, the Court of Appeals for the Federal Circuit decided Worlds Inc. v. Bungie, Inc., representing another case in the growing case law of IPRs and specifically, the time-bar...
The Court of Appeals for the Federal Circuit presented an interesting paradox in patent validity challenges, especially when the same parties bring forth essentially the same issues, but have...
On September 10, 2018, the Court of Appeals for the Federal Circuit decided Orexo AB v. Actavis Elizabeth LLC, in what turns out to be a fairly straightforward analysis of an obviousness case under...