Supreme Court Case Could Have Huge Impact on Challenging Patents

Supreme Court of the United States On November 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, a case examining the constitutionality of inter partes review proceedings before the United States Patent and Trademark Office (“PTO”). Specifically, the case addresses the question “[w]hether inter …

A Decision Guide for Filing International Patent Applications for Multiple Inventions

Companies have two choices for meeting the PCT patent application filing requirements when they have multiple pending provisional applications. We go through the pros and cons for each approach. A company engaged in research and development will often create multiple related inventions within a year, and file a separate provisional application for each invention within …

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 …