BioPharma, Patent Prosecution

Going All In

Functional limitations and Senju Pharm. v. Lupin Pharm. Last year in Senju Pharma. v. Apotex Inc., 746 F.3d 1344 (Fed. Cir. 2014), Senju and Allergan were blocked from suing Apotex on a re-examined set of claims under the doctrine of claim preclusion. However, while claim preclusion stops Senju and Allergan from suing Apotex, claim preclusion …

More

IPR-PGR

Legislative Update – STRONG Patents Act Takes Aim at IPR and PGR

With the new Congress firmly seated and various legislative efforts gaining momentum, another effort to reform patent system is taking its share of the spotlight. In early February, the House of Representatives took the first step with Rep. Bob Goodlatte re-introducing the Innovation Act, the identical patent-reform legislation that overwhelmingly passed the House in 2013. Not …

More

Trademarks

Supreme Court Holds Trademark Tacking is a Question, like any Inquiry from the Perspective of an Ordinary Purchaser or Consumer, Should be Decided by the Jury

Background: In a priority contest between trademark owners, the owner of a mark is entitled to “tack on” earlier use of a similar mark provided that the two marks are sufficiently similar.  Some circuits treated the question of whether the marks are sufficiently similar as a question of fact for a jury to decide, while …

More

Patent Prosecution

Supreme Court Endorses De Novo Review of Claim Construction, But Holds that Subsidiary Facts Underlying Claim Construction are Reviewed for Clear Error

Background: Patent claim construction findings are a key aspect to patent infringement cases. Previously, the Federal Circuit reviewed the entire claim construction issue, including any subsidiary facts, de novo. Holding: While the ultimate claim construction remains reviewable de novo, the Federal Circuit must accept any subsidiary findings in the claim construction unless those findings are …

More