Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Month: January 2015
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By Kevin E. Noonan — It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in the preceding twenty years. Evident but perhaps less discussed is the change in the nature of how U.S. patent law is now developed…
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By Kevin E. Noonan — The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring opinions for Justices to further set forth their views. In the Teva v. Sandoz decision this trend came to…
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Is Deference in Claim Construction Review a Good Thing for the Patent System? By Andrew Williams — As we reported earlier today, the Supreme Court held in a 7-2 decision authored by Justice Breyer that an "appellate court must apply a 'clear error,' not de novo, standard of review" to the evidentiary underpinnings of a…
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By Andrew Williams — In a 7-2 decision authored by Justice Breyer, the Supreme Court held today that an "appellate court must apply a 'clear error,' not de novo, standard of review" to the evidentiary underpinnings of a district court's claim construction determination. Teva Pharmaceuticals USA, Inc. v. Sandoz Inc., No. 13-854, slip op. at…
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By Michael Borella — Two months ago, in a long-awaited decision, the Federal Circuit invalided Ultramercial's U.S. Patent No. 7,346,545, directed to online video advertisements, as lacking patent-eligibility under 35 U.S.C. § 101. The Court indicated that the claims were directed to an "ordered combination of steps recit[ing] an abstraction — an idea, having…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Sanofi-Aventis U.S. LLC et al. v. Breckenridge Pharmaceutical, Inc.9:15-cv-80056; filed January 15, 2015 in the Southern District of Florida • Plaintiffs: Sanofi-Aventis U.S. LLC; Aventis Pharma S.A.; Sanofi• Defendant: Breckenridge Pharmaceutical, Inc. Sanofi-Aventis U.S.…
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January 20, 2014 – "Top Patent Law Stories of 2014" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) January 22, 2015 – "Preparing for and Navigating PTAB Appeals Before the Federal Circuit — Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice and Federal Circuit…
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American Conference Institute (ACI) will be holding its 5th Advanced Summit on Medical Device Patents on March 4-5, 2015 in Chicago, IL. Topics for discussion at the conference will include: • What qualifies as obvious in the wake of KSR and Gilead?• The best methods for using IPRs in parallel to district court litigation;• Understanding…
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The American Intellectual Property Law Association (AIPLA) will be offering two webinars on the USPTO's Section 101 Guidelines. The first webinar, entitled "USPTO Section 101 Guidelines: Part 1," will be held from 12:30 – 2:15 pm (Eastern) on February 12, 2015. June E. Cohan, Legal Advisor – Office of Patent Legal Administration, U.S. Patent &…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on "Prevailing Before the PTAB 'Death Squad': Practical Considerations for Petitioners and Patent Holders" on February 25, 2015 from 10:00 am to 11:15 am (CT). In this presentation, Patent Docs co-author and MBHB attorney Andrew W. Williams and MBHB attorney John M. Schafer will explore…
Patent Docs 