USPTO Launches "Patents 4 Patients": A Cancer Immunotherapy Program
OVERVIEW The Cancer Immunotherapy Pilot Program (also known as “Patents 4 Patients”) provides accelerated review without requiring a petition fee…
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Amgen v. Apotex – Biosimilar Applicants Must Provide 180-Day Notice Before Marketing Even if They Participate in the "Patent Dance"
On July 5, 2016, the Federal Circuit rendered its decision in Amgen Inc. v. Apotex Inc., further clarifying the provisions…
USPTO Adds New Pilot Initiative That Could Help Move Pending Cases Through More Quickly – Combines Features of Pre-Appeal Conference & After-Final 2.0 Program
On July 11, the USPTO unveiled its Post-Prosecution Pilot Program (“P3”), which is scheduled to remain in effect until January…
BRI is Permissible Standard in IPR; USPTO Decisions to Institute IPR May Not Be Appealed
The Leahy-Smith America Invents Act (“AIA”) established the procedure of inter partes review (“IPR”) by which the USPTO may permit…
Supreme Court Determines Federal Circuit Test for Enhanced Infringement Damages Too Rigid
The unanimous Halo Electronics decision by the U.S. Supreme Court sidesteps the Seagate case from 2007 and effectively reopens the real possibility that a patentee…
Supreme Court Considers Standard For Enhanced Infringement Damages
Last week the Supreme Court heard arguments in two consolidated cases addressing the issue of how much discretion a court…