Legislation

Patent Dispute Reform Legislation Is Now Pending in Both Houses of Congress

By Marshall Gerstein on June 18, 2015 Posted in Inter Partes Review, Legislation

The House of Representative’s Innovation Act, H.R. 9, was voted to the House floor for further consideration on June 11, by a 24-8 vote of its Judiciary Committee, after the Senate’s PATENT Act, S. 1137, was voted to the Senate floor on June 4 by a 16-4 vote of its Judiciary Committee. See prior entry, … Continue Reading

Federal Circuit Upholds PTAB’s Application of its Rules to Decide Motions to Amend

By Sandip H. Patel on June 17, 2015 Posted in Claim Construction, Inter Partes Review, Legislation

Update: Overruled in part byAqua Products, Inc. v. Matal. Earlier this week, we wrote about the post-hearing briefing the Federal Circuit invited in Microsoft Corp. v. Proxyconn, Inc., Case Nos. 2014-1542, -1543, Dkt. 49 (Fed. Cir. Apr. 13, 2015), and the questions it posed regarding the PTAB’s administration of inter partes review. The court issued … Continue Reading

Is the Coalition for Affordable Drugs Abusing the IPR Process?

By Julianne M. Hartzell on June 12, 2015 Posted in Institution / Denial, Inter Partes Review, Legislation, Real Party-in-Interest, Sections 102/103

The PTAB granted leave on June 9 for the patent owner, Celgene Corporation, to file a motion for sanctions seeking dismissal in several IPRs¹ filed by the Coalition for Affordable Drugs. The Coalition for Affordable Drugs, an organization created by the hedge fund Hayman Credes Master Fund L.P., has filed multiple IPRs against pharmaceutical companies with … Continue Reading

Hatch-Waxman and BPCIA Patents May Be Exempted from Post-Grant Proceedings Under Pending Senate Legislation

By John R. Labbé on June 8, 2015 Posted in Biotechnology, Legislation

On Thursday, June 4, the Senate Judiciary Committee approved the Protecting American Talent and Entrepreneurship (PATENT) Act. We previously reported the significant provisions of the bill. Several members of the Judiciary Committee expressed support for a further proposal that would exempt from PTO post-grant proceedings patents that are subject to the Hatch-Waxman or Biologics Price … Continue Reading

PTAB Review Reform in Bill Approved by Senate Committee

By Marshall Gerstein on June 3, 2015 Posted in Estoppel, Inter Partes Review, Legislation, Post Grant Review

Late June 2, the Senate Judiciary Committee released a new version of its Protecting American Talent and Entrepreneurship (PATENT) Act, S. 1137. In response to prodding by industry groups, the bill now includes reforms directed at preventing abuse of the Patent Office’s post-grant proceedings, IPRs and PGRs, against patent owners The bill is here.… Continue Reading