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Rosenbaum IP is excited to be exhibiting once again at the Annual AUTM meeting in New Orleans from February 22-25, 2015. We look forward to meeting familiar faces, getting acquainted with new ones, and exploring new op ...
On February 5, 2015, Rep. Goodlatte reintroduced the Innovation Act, which was previously passed in 2013 by the House of Representatives by an overwhelming vote of 325-91. While it initially appeared that the 2013 bill would easily pass through the Senate, the first Innovation Act had no such luck.
On February 4, 2015, the United States Court of Appeal for the Federal Circuit issued its decision in the first appeal of a final decision by the Patent Trial and Appeal Board (“PTAB”) in an inter partes review (“IPR”) proceeding. In its decision, the Federal Circuit held that institution decisions rendered by the PTAB are never reviewable on appeal, and the PTAB is entitled to ...
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed the question of what the standard of review should be for patent claim construction. In its decision on January 20, 2015, the Court held that a federal appellate court could only overturn a district court’s factual findings if those findings were determined to be clearly erroneous.
On December 15, 2014, the U.S. Court of Appeals for the Federal Circuit in Promega Corp. v. Life Technologies Corp.,” reversed the district court’s decision and held that U.S. Patents 5,843,660; 6,221,598; 6,479,235; and 7,008,771, which are owned by Promega Corp., are invalid under 35 U.S.C. § 112, first paragraph, for lack of enablement.
On December 5, 2014, the Supreme Court granted certiorari in Commil USA v. Cisco Systems to decide whether a defendant’s good-faith belief of patent invalidity is a defense to induced infringement under 35 U.S.C. §271(b). A ruling is due by the end of June and could prove significant for patent litigation involving intent or knowledge standards as a defense to liability.
In Sandoz Inc. v. Amgen Inc., the Federal Circuit upheld the district court decision dismissing Sandoz’s declaratory judgment action for lack of jurisdiction. This is the first Federal Circuit decision relating to a possible “biosimilar” product and the Biologics Price Competition and Innovation Act of 2009 (BPCIA) (codified principally at 42 U.S.C.