by Greg Castanias | May 10, 2019 | Pharmaceutical, PTAB News
Gregory A. Castanias and Jihong Lou – On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews. See Saint...
by Cary Miller | May 2, 2019 | Estoppel, Pharmaceutical
Cary Miller, Ph.D., and Jihong Lou, Ph.D. In a recent decision, a district court in the District of Delaware applied estoppel under 35 U.S.C. § 315(e)(2) to a defendant in Hatch-Waxman litigation, two and half years after the court conducted a bench trial on...
by Cary Miller | Apr 30, 2019 | Patent Eligible Subject Matter, Pharmaceutical
By Cary Miller, Ph.D., and Jihong Lou, Ph.D. On April 26, 2019, the Federal Circuit affirmed three final written decisions of the Patent and Trial Appeal Board (“Board”) in related inter partes reviews (“IPRs”) in which the Board upheld the patentability of all the...
by Cary Miller | Feb 14, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing
By Jihong Lou, Ph.D. and Cary Miller, Ph.D. Article III of the Constitution imposes a “case or controversy” limitation on the jurisdiction of federal courts: an actual case or controversy must exist between the parties at all stages of the federal court proceedings,...
by Jennifer Swize | Feb 5, 2019 | Federal Circuit, Joinder, Pharmaceutical
By: Jennifer L. Swize In Friday’s decision in Mylan Pharmaceuticals Inc. v. Research Corp. Technologies, Inc., No. 17-2088 (Fed. Cir. Feb. 1, 2019), the Federal Circuit held that a time-barred petitioner that is joined into a case has an independent right to appeal an...
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...
