There is a long-awaited clarification with regards to the question of whether a petitioner could appeal an adverse decision in an inter partes review (“IPR”) proceeding in the Patent Trials and Appeals Board (“PTAB”) to the Federal Circuit. There is a pending case at the Supreme Court, RPX Corp. v. ChanBond. The patent community is waiting to see whether the Supreme… read more
Clorox sells a product, “disinfecting wipes,” that boasts on its container, “Kills 99.9% of Viruses & Bacteria.” It’s a great product, and I use it every day. But it’s a good thing there’s plenty more bacteria around. Scientists have begun deferring to them for inspiration, and it turns out, bacteria just might provide the panacea for an array of genetic… read more
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR) proceedings do not violate Article III or the Seventh Amendment. Article III vests the “judicial power of the United States” in the Article III courts. In holding that IPR does… read more
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade ago, the process consumed unsustainably large amounts unlucky graduate students’ time and effort. In 2012, a groundbreaking paper from the group led by Dr. Jennifer Doudna at the University of… read more
Background of the Case: Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”), which is codified in 42 U.S.C. § 262. The BPCIA is quite similar to the Drug Price Competition and Patent Term Restoration Act of… read more
The federal government has proved to be ineffective at bringing publically funded discoveries to the public. The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on federally funded research by getting inventions into the hands of companies to bring them to the market (for a general introduction). The goal was to maximize the public’s return on… read more
In 2015, Allergan, a powerhouse pharmaceutical company, filed suit against generic companies for patent infringement. Allergan, Inc. v. TEVA Pharms. USA, Inc., No. 2:15-cv-1455-WCB (E.D. Tex. Oct. 16, 2017) hosted by ipwatchdog.com. The claim alleged infringement of patents that cover Allergan’s blockbuster eye drug, Restasis. In hopes of invalidating the Restasis patents, defendants filed administrative challenges in front of the… read more
The video game industry is a rapidly growing market. The rising prize pools of video game tournaments and the popularity of streaming personalities are just a couple of the signs of this growth. Game revenues are expected to hit $108.9 billion in 2017, an increase of nearly $8 billion from 2016. That is a near eight percent increase, with smartphone… read more
By changing the word “art” to “process” in the 1952 Patent Act, Congress introduced one of the first changes to the statutory language of PSM since Thomas Jefferson penned the original in 1793. Diamond v. Chakrabarty, 447 U.S. 303 at 309 (1980). Since then, patent-eligible subject matter under 35 U.S.C. § 101 has remained unaltered by Congress. However, over… read more
Background of the Case: Kraft brought a patent infringement suit against TC Heartland in the District of Delaware. Kraft is incorporated in Delaware and has its principal place of business in Illinois. TC Heartland is incorporated and headquartered in Indiana. TC Heartland sought to transfer the case to the Southern District of Indiana, invoking the patent infringement venue provision under… read more