by Matthew Johnson | Dec 24, 2018 | Pharmaceutical, PTAB News
Sen. Orrin Hatch has introduced a bill that would augment the Hatch-Waxman Act, limiting challengers ability to proceed with patent challenges both in court and at the PTAB. Following is the introduction of the “Hatch-Waxman Integrity Act of 2018.” The...
by Doug Pearson | Oct 31, 2018 | Pharmaceutical, PTAB News, PTAB Trial Basics
By Doug Pearson Prior to the USPTO’s issuance of revised Standard Operating Procedure (SOP) 2 on September 20, 2018 (available here), designation of Board decisions as Precedential or Informative required, among other things, nomination of a decision to the Chief...
by Matthew Johnson | Oct 30, 2018 | Pharmaceutical, PTAB News, PTAB Trial Basics
By Josh Nightingale and Matt Johnson The USPTO has revised its standard operating procedure (SOP) governing the assignment of judges to panels in Patent Trial and Appeal Board (PTAB) cases. The SOP, available here, provides guidance to Board administrative personnel...
by Gasper LaRosa | Aug 22, 2018 | Evidentiary Issues, Motions Practice, Pharmaceutical
By: Mital B. Patel and Gasper J. LaRosa The PTAB recently granted a rare motion for additional discovery into the question of whether an unnamed party, Amneal Pharmaceuticals, LLC (“Amneal”), should have been named as a real-party-in-interest. In Kashiv LLC v. Purdue...
by Greg Castanias | Jul 31, 2018 | Federal Circuit Appeal, Pharmaceutical
By: Gregory A. Castanias Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the PTAB rejects a...
by Matthew Johnson | Jul 30, 2018 | Pharmaceutical
As we reported in our July 2, 2018 article Hatch Bill: Restore Hatch-Waxman Balance; Limit Generics’ Access to PTAB, Senator Orrin Hatch (R-Utah), the namesake and coauthor of the Hatch-Waxman Act, proposed (but has not yet introduced) an amendment titled the...
