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Pending Bill Would Deliver More Judicial Scrutiny to USPTO and FDA Rules

By Michael Muczynski on Posted in Claim Construction, Institution / Denial, Inter Partes Review, Legislation, Post Grant Review
 The House of Representatives recently sent to the Senate its bill (H.R.5) that combines six previous regulatory reform bills, including, as Title II of the bill, the “Separation of Powers Restoration Act.”  Section 202 of the bill effectively removes the option for courts to apply Chevron deference to agency rulemaking and interpretations.  Thus, rather than deciding … Continue Reading

Post-Filing Claim Amendments Don’t Change the Effective Filing Date for Post Grant Review

By Michael Muczynski on Posted in Amendments, Institution / Denial, Post Grant Review
In considering a novel issue of Post-Grant Review (PGR) eligibility, the Patent Trial and Appeal Board followed the straightforward language of the America Invents Act (“AIA”), and longstanding precedent, holding that post-filing amendments to a pre-AIA patent application do not change its effective filing date and, thus, do not make it eligible for PGR.  David … Continue Reading

“Providing . . . information” Step Given No Patentable Weight

By Michael Muczynski on Posted in Claim Construction, Inter Partes Review, Sections 102/103
The PTAB recently addressed the limits on strategies to patent drug labeling, canceling claims directed to a method of supplying a pharmaceutical product where the method includes a step of providing certain “information” to the medical provider. According to the PTAB, the claimed step of providing the information is entitled to no patentable weight under … Continue Reading
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