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The December Sequel to the USPTO’s March Guidance

The December Sequel to the USPTO’s March Guidance

By • on December 16, 2014

The much-anticipated subject-matter eligibility Guidance has finally been released by the U.S. Patent & Trademark Office (USPTO) for public inspection and comment.

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IPR-PGR

Proving Real-Party-In-Interest in IPR Remains Elusive

Proving Real-Party-In-Interest in IPR Remains Elusive

By • on November 30, 2014

On difficult-to-prove issues in IPR proceedings, it is interesting to watch parties adapt to PTAB decisions, in the hopes of overcoming the long odds

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IPR Petition Time-Barred Even Where First Lawsuit “Dismissed” and Folded Into Later Lawsuit

IPR Petition Time-Barred Even Where First Lawsuit “Dismissed” and Folded Into Later Lawsuit

By • on November 30, 2014

The PTAB has been presented, of late, several cases that call upon the Board to consider whether a complaint served on a defendant is sufficient to trigger

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AIA

America Invents Act

America Invents Act

By • on August 13, 2014

Significant changes to the US Patent laws are being implemented as a result of the Leahy-Smith America Invents Act (AIA).  The protection of inventions,

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Patent Prosecution

An Unsuccessful Reach for the STELARA, Written description of generic biomolecule claims

An Unsuccessful Reach for the STELARA, Written description of generic biomolecule claims

By • on July 3, 2014

AbbVie owns US 6,914,128 (’128), which covers a variety of anti-IL12 monoclonal antibodies. AbbVie markets an anti-IL12 monoclonal (viz. Humira®) as

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All We Like Sheep Have Gone Astray

All We Like Sheep Have Gone Astray

By • on May 9, 2014

The CAFC extends Myriad beyond DNA claims Much ink has recently been spilled arguing that the PTO’s new guidelines

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Litigation

At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

By • on May 2, 2014

Harness Dickey secured a landmark ruling for its client Octane Fitness, in a decision issued Tuesday by the United States Supreme Court that alters the

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Prove that You Are DIFFERIN Enough!

Prove that You Are DIFFERIN Enough!

By • on December 13, 2013

Galderma v. Tolmar & the Future of Selection Inventions In the recent case of Galderma Labs v. Tolmar Inc., the Federal Circuit announced an important

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HD Signals

PTAB Clarifies its Stances on § 315 on the Way to the Federal Circuit

PTAB Clarifies its Stances on § 315 on the Way to the Federal Circuit

By • on November 11, 2014

In an apparent attempt to better explain itself prior to Federal Circuit appeal, the PTAB reiterated and further clarified its decision in

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Harness Dickey Stronger with Additional USPTO Location

Harness Dickey Stronger with Additional USPTO Location

By • on February 17, 2012

The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent

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More Great Intellectual Property Law Topics

Myriad Disappointments for Biotech, but Hope Remains

CAFC extends the reach of subject-matter ineligibility under Myriad Following Myriad Genetic’s 2013 loss at the Supreme Court (Ass’n for Molecular Pathology v. Myriad Genetics, 133 S. Ct. 2107

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BPCIA

BPCIA = Biologics Price Competition & Innovation Act Before Plaintiffs Can Invoke (jurisdiction they must file an) Application No standing for declaratory judgment before biosimilar application With

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District Court Obviousness Determination Not Up to Par®

Inherent obviousness over a combination of references Par Pharma is the exclusive licensee of US 7,101,576, which claims a method of treating wasting diseases by administering megestrol acetate. This patent

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PTAB Orders Halt to “Speaking” Objections in Deposition

The Board continues to strongly enforce its regulations regarding the behavior of attorneys defending depositions in inter partes review proceedings. In an order entered in both

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