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Senator Thom Tillis Introduces The 101 Reform Bill Changing The Patent...

Amidst growing concerns that China is eclipsing the U.S. with R&D and patents in emerging new technologies, the Chairman of the Senate Judiciary Committee's Subcommittee on Intellectual Property,...

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AstraZeneca vs Dr. Reddy's, When Brand and Generic Sue Over Trademark...

  The FDA evaluates the generic versions of a drug and approves them only if studies show that it is bioequivalent with the brand, meaning that both drugs have the exact same amount of the active...

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Section 337 Investigations: An Alternative to Block Infringing Competitors

  With just $5 billion in online sales in 1998, e-commerce has grown several times two decades later. Especially with the pandemic situation, the e-commerce industry in the USA experienced a boom...

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No Recapturing of Surrendered Patent-Ineligible Subject Matter

IN RE MCDONALD Before Newman, Stoll, and Cunningham.  Appeal from the Patent Trial and Appeal Board. Summary: When applying for reissue, a patent applicant may not recapture subject matter that was...

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Claim Cancellation Before Assignment Does Not Preclude Assignor Estoppel

HOLOGIC, INC. v. MINERVA SURGICAL, INC. Before Stoll, Clevenger, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Despite cancelling a claim prior to...

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University Successfully Argues Prior Art’s Disclosures Were Not “By Another”

LSI CORPORATION v. REGENTS OF THE UNIVERSITY OF MINNESOTA Before Dyk, Reyna, and Hughes.  Appeal from the Patent Trial and Appeal Board. Summary: Determining whether a patent or application’s...

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Patexia Insight 148: ANDA Litigation Grows in the First Half of 2022

This morning we released our third annual ANDA Litigation Intelligence Report. The report covers high-level statistics related to Hatch-Waxman litigation including the analysis of the outcomes, most...

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Google Sues Sonos Adding a New Lawsuit to an Ongoing Legal Battle Over Voice...

Just two weeks ago, Google filed a lawsuit against Sonos in the Northern District of California over patent infringement. In this lawsuit, Google claims infringement of their three patents by Sonos,...

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Boston Scientific Acquires Embolization Gel Developer Obsidio, Inc.

Boston Scientific announced on August 15, 2022, that it acquired Obsidio, Inc. for an undisclosed fee.  Obsidio has technology called the Gel Embolic Material (GEM™), which is used in minimally...

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IPR Estoppel “Under an Unusual Set of Facts”

CLICK-TO-CALL TECHNOLOGIES LP V. INGENIO, INC., DBA KEEN, ETHER, THRYV, INC. Before Stoll, Schall, and Cunningham. Appeal from the United States District Court for the Western District of Texas....

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The Patent Office Need Not Consider Requests for Director Review of IPR...

IN RE: PALO ALTO NETWORKS, INC. Before Dyk, Reyna, and Chen. Summary: The USPTO policy of refusing to consider Requests for Director Rehearing of decisions denying institution of IPR and PGR does not...

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Miley Cyrus About to Enter the Metaverse? Two Trademark Filings Revealed

Just yesterday, NFT and Metaverse trademark attorney Mike Kondoudis shared two trademark applications, 97551201 and 97551195, which suggest that the American singer and songwriter, Miley Cyrus is...

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An ANDA Specification that Directly Addresses Issues of Infringement Controls...

PAR PHARMACEUTICAL, INC. V. EAGLE PHARMACETICALS, INC. Before Moore, Prost, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: An ANDA was held not to...

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Taylor Swift Faces a $1 Million Copyright Infringement Lawsuit Regarding her...

Taylor Swift’s “Lover” album topped the charts in the US, Australia, Canada, Mexico, and UK back in 2019. It sold almost 700 000 copies in the first week alone and 3.2 million copies during that year...

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Pfizer and BioNTech Sued Again Over Covid Vaccine Technology, This Time by...

Less than two months ago, Curevac filed a lawsuit in the German Regional Court in Düsseldorf against BioNTech over patent infringement alleging that BioNTech’s Covid-19 vaccine infringed its patents...

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Pfizer and BioNTech Strike Back to CureVac's Lawsuit by Seeking Declaratory...

Two days ago, the companies that joined forces in order to develop the first Covid vaccine that got approval for emergency use by FDA, Pfizer and BioNTech received news of yet another lawsuit related...

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Teleflex to Acquire Standard Bariatrics

Teleflex announced on August 22, 2022 that it has reached an agreement to acquire Standard Bariatrics. Teleflex agreed to acquire Standard Bariatrics for a cash payment of $170 million at closing and...

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Section 101 Jurisprudence Still Sound Post-Dobbs

IN RE KILLIAN Before Taranto, Clevenger, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Section 101 jurisprudence is still sound post-Dobbs.  Killian applied for a patent related to...

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Patexia Insight 149: Innovation Trends in the Last Decade (a Comparative...

Last April, we released our fourth annual Patent Prosecution Intelligence Report. This report not only evaluates and ranks all participating entities by activity and performance but also provides...

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Missing Experience Undermines Expert’s Rebuttal of Obviousness Arguments

BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC. Before Hughes, Linn, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Expert testimony was properly discounted when substantial...

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