by Cary Miller | May 2, 2019 | Estoppel, Pharmaceutical
Cary Miller, Ph.D., and Jihong Lou, Ph.D. In a recent decision, a district court in the District of Delaware applied estoppel under 35 U.S.C. § 315(e)(2) to a defendant in Hatch-Waxman litigation, two and half years after the court conducted a bench trial on...
by Cary Miller | Apr 30, 2019 | Patent Eligible Subject Matter, Pharmaceutical
By Cary Miller, Ph.D., and Jihong Lou, Ph.D. On April 26, 2019, the Federal Circuit affirmed three final written decisions of the Patent and Trial Appeal Board (“Board”) in related inter partes reviews (“IPRs”) in which the Board upheld the patentability of all the...
by Cary Miller | Feb 14, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing
By Jihong Lou, Ph.D. and Cary Miller, Ph.D. Article III of the Constitution imposes a “case or controversy” limitation on the jurisdiction of federal courts: an actual case or controversy must exist between the parties at all stages of the federal court proceedings,...
by Cary Miller | Nov 2, 2018 | Amendment Practice
By Cary Miller, Ph.D. The USPTO has proposed a pilot program intended to make it easier to amend claims before the PTAB. (See the USPTO’s Request for Comments on Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the...
by Cary Miller | Jul 30, 2018 | Pharmaceutical
By: J. Jason Williams and Cary Miller, Ph.D. In Apotex Inc. v. Novartis AG, IPR2017-00854, Paper 109 (Jul. 11, 2018), the PTAB held that the claims of U.S. Patent No. 9,187,405 were not unpatentable on three separate grounds. Shortly thereafter, Novartis filed suit...
