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Appellate Standing Not Precluded By Inability To Maintain Hatch-Waxman Suit

Appellate Standing Not Precluded By Inability To Maintain Hatch-Waxman Suit

by Matthew Johnson | Jan 31, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing

By Mike Lavine and Matt Johnson Mylan Pharmaceuticals, Inc. petitioned for inter partes review (IPR) of U.S. Patent No. 6,858,650 (the “‘650 Patent”), which is owned by UCB Pharma GmbH (“UCB”) and is directed to chemical derivatives of a drug for treating urinary...
Supreme Court’s Interpretation Of The AIA’s On-Sale Bar And Post Grant Review

Supreme Court’s Interpretation Of The AIA’s On-Sale Bar And Post Grant Review

by Matthew Johnson | Jan 28, 2019 | PGR

By Sue Gerber and Matt Johnson The America Invents Act (“AIA”), also called the Patent Reform Act of 2011, was enacted to overhaul the U.S. patent system and harmonize the domestic patent laws with those in the rest of the world.  The AIA also created new procedures...
Jones Day Intellectual Property Practice Selected as 2018 Law360 Practice Group of the Year

Jones Day Intellectual Property Practice Selected as 2018 Law360 Practice Group of the Year

by Matthew Johnson | Jan 17, 2019 | PTAB News

Jones Day was recognized by the legal publication Law360 for its 2018 “Practice Groups of the Year” awards in the Intellectual Property and Product Liability categories. Now in their ninth year, the awards “honor the law firms behind the litigation...
Patent Owner Gets Break On Improper MTA/Reply

Patent Owner Gets Break On Improper MTA/Reply

by Matthew Johnson | Jan 3, 2019 | Amendment Practice, PTAB Trial Basics

By Levent Herguner and Matt Johnson – On November 30, 2018, the PTAB filed an opinion addressing two procedural issues in Aver Information Inc. v. Pathway Innovations and Technologies, Inc., Case IPR2017-02108, including failure to meet spacing requirements and...
Combatting Lack of Assignor Estoppel in IPRs (Maybe)

Combatting Lack of Assignor Estoppel in IPRs (Maybe)

by Matthew Johnson | Dec 31, 2018 | Estoppel

By Marlee Hartenstein and Matt Johnson – Assignor estoppel is an equitable doctrine that prevents a party who assigns a patent to another from later challenging the validity of the assigned patent.  As reported in a prior post, the Federal Circuit recently...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.