by Greg Castanias | Feb 27, 2019 | Standing
By Gregory Castanias and Jihong Lou On February 19, the Supreme Court heard oral argument in Return Mail, Inc. v. United States Postal Service, No. 17-1594 (U.S.). This case raises an interesting question of statutory interpretation: whether the government is a...
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 Matthew Johnson | Jan 31, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing
By Mike Lavine and Matt Johnson Mylan Pharmaceuticals, Inc. petitioned for inter partes review (IPR) of U.S. Patent No. 6,858,650 (the “‘650 Patent”), which is owned by UCB Pharma GmbH (“UCB”) and is directed to chemical derivatives of a drug for treating urinary...
by Matthew Johnson | Oct 11, 2017 | CBMs, Standing
By Matt Johnson An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction. In deciding petitioner’s Institution Decision Rehearing Request in Facebook, Inc. v. Skky, LLC,...
by John Marlott | Apr 6, 2017 | Federal Circuit Appeal, Standing
By John Marlott As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The Federal Circuit directed the...
by Joe Sauer | Nov 25, 2016 | Federal Circuit Appeal, Standing, Trial Institution
By Joe Sauer In a November 17, 2016 non-precedential decision, a Federal Circuit panel again considered whether its holding in Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) remains binding in view of the Supreme Court’s ruling in...
