by Gasper LaRosa | Aug 22, 2018 | Evidentiary Issues, Motions Practice, Pharmaceutical
By: Mital B. Patel and Gasper J. LaRosa The PTAB recently granted a rare motion for additional discovery into the question of whether an unnamed party, Amneal Pharmaceuticals, LLC (“Amneal”), should have been named as a real-party-in-interest. In Kashiv LLC v. Purdue...
by Matthew Johnson | Jul 2, 2018 | Motions Practice
By: Matt Johnson, Josh Nightingale, and Grant Hebrank* The Patent Trial and Appeal Board held a Boardside Chat webinar on June 7, 2018, during which Administrative Patent Judges Justin T. Arbes and Kevin W. Cherry discussed motions to exclude and motions to strike in...
by Matthew Johnson | May 23, 2018 | Motions Practice
By: Sean Benevento[1], Mike Lavine, and Matt Johnson After IPR institution, a party may file a motion to submit supplemental information so long as (1) the party requests authorization to file the motion within a month of the date the trial was instituted, and (2) the...
by Matthew Johnson | May 23, 2018 | CBMs, Estoppel, Motions Practice, PTAB Trial Basics
By: Sue Gerber and Matt Johnson We recently reported some early observations about possible trends at the PTAB in the wake of the Supreme Court’s decision in SAS Institute Inc. v. Iancu. See Observations: Three Weeks After Supreme Court’s SAS Institute Decision. On...
by Tim Heverin | May 17, 2018 | Motions Practice
By: Tim Heverin The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson Laboratories, Inc. v. United Therapeutics, Corp., Case IPR2017-01621 and -01622 (PTAB April 27, 2018)...
by Carl Kukkonen | May 14, 2018 | Motions Practice, PTAB Trial Basics
By: Stephanie Brooker and Carl Kukkonen The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...
