by April Breyer Menon | Feb 1, 2017
The Federal Circuit is not afraid to call to task the Patent Trial and Appeal Board when it comes to potential procedural breaches. Justin Oliver and Kathryn Easterling review relevant cases. Download PDF
by April Breyer Menon | Jan 9, 2017
The Court of Appeals for the Federal Circuit today held that, in order to appeal a final decision from an inter partes review (IPR) proceeding, an IPR petitioner must prove Article III standing, including an injury in fact—and moreover must do so by a burden of proof...
by April Breyer Menon | Dec 7, 2016
On December 6, 2016, the Supreme Court heard oral argument on the interpretation and application of 35 U.S.C. § 271(f)(1) in Life Technologies Corp., et al. v. Promega Corp. At issue is whether the export from the United States of a single component of a patented...
by April Breyer Menon | Aug 3, 2016
Managing Intellectual Property Blog The Federal Circuit recently held that makers of biosimilars must always notify brand-name rivals six months before commercial product launch. Download PDF
by April Breyer Menon | Jul 7, 2016
On July 5, 2016, the Federal Circuit issued a decision interpreting the 180-day-notice-of-first-commercial-marketing provision of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). Amgen Inc. v. Apotex Inc. (Amgen II), No. 2016-1308 (Fed. Cir. July...
by April Breyer Menon | Jun 5, 2016
In the 1980s, Dr. Malcolm Simons discovered that certain DNA sequences in coding regions (exons) of genes are correlated with non-coding regions (introns), i.e. they are “linked” together within an individual’s genome. These non-coding regions, often colloquially...