Federal Circuit Makes it Easier to Amend Patent Claims in Post-Grant IPR Challenges

It is fairly common nowadays for a party accused of patent infringement to file a petition in the United States Patent and Trademark Office requesting Inter Partes Review (“IPR”) of the asserted patent. This is a procedure for challenging the validity of the asserted patent based on prior art consisting of patents or printed publications. …

Interpreting the On-Sale Bar Under the AIA

In Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc., 855 F.3d 1356 (Fed. Cir. 2017), the Federal Circuit interpreted, for the first time, what constitutes an “on-sale” bar under 35 U.S.C. 102(a)(1) of the Leahy-Smith America Invents Act (“AIA”). Under the AIA, a person will not be entitled to a patent if “the claimed invention …

Problematic or Prophetic?

The decision by Judge Gilstrap in the Eastern District of Texas, in Raytheon Company v. Cray, Inc., has generated much discussion and misleading commentary. Judge Gilstrap denied Cray’s Motion to Dismiss for lack of personal jurisdiction and improper venue, as follows: The Federal Circuit resolved competing authorities on the issue of “an established place of …

Patent Bill Aims to Help Inventors Protect and Enforce Patents

On June 21, 2017, Sen. Christopher Coons (D-Del) introduced legislation that would limit patent validity challenges at the U.S. Patent and Trademark Office (“PTO”), and strengthen patent owners’ rights in court. The bill is named the Support Technology & Research for Our Nation’s Growth and Economic Resilience Act, or the “STRONGER Patents Act of 2017,” …

Oil States Energy Services LLC v. Greene’s Energy Group, LLC

Oil States

639 F.App’x 639 (Fed. Cir. 2016), cert. granted (June 12, 2017) (No. 16-712) Supreme Court of the United States The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office (“PTO”).  Specifically, …

Supreme Court Boosts Biosimilars By Allowing Early Notice

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), codified in 42 U.S.C. § 262, ushered in a new wave of patent litigation for large molecules, and a bounty of questions regarding the application and interpretation of the statue.  In Sandoz v. Amgen, –U.S.–, June 12, 2017, The Supreme Court weighed in for the …

Supreme Court Finds Patent Exhaustion Alive and Well

Shane Olafson and Ryan Swank

Under the longstanding doctrine of patent exhaustion, a patentee’s rights are “exhausted” once an authorized sale has occurred.  For many years, however, some courts have recognized exceptions to the doctrine, such as when the parties agree to various post-sale restrictions in an arms-length transaction, or where the patented item was first sold outside of the …

U.S. Supreme Court Issues Ruling Substantially Curtailing Available Venues for Patent Infringement Actions

In a significant and long-awaited ruling governing patent litigation, the Supreme Court today in TC Heartland v. Kraft Foods reversed long-standing lower court precedent that enabled patent owners, with relatively few restrictions, to sue corporate defendants in jurisdictions in which alleged infringement occurred.  Many corporations market and sell products directly or indirectly throughout the United States, …