Brian Johnson

2 months ago | mondaq.com | Brian Johnson |Minwei Dai

On March 24, 2025, the United States Patent and Tradmark Office("USPTO") issued a new Memorandum providing guidance ondiscretionary denials (or "Fintiv denials") forinter partes review ("IPR") challenges based onco-pending patent litigation. Notably, the 2025 Memo states thatthe Patent Trial and Appeal Board ("PTAB") will againapply the Fintiv factors when there is a parallelproceeding before the International Trade Commission("ITC").

2 months ago | jdsupra.com | Brian Johnson

On March 24, 2025, the United States Patent and Tradmark Office ("USPTO") issued a new Memorandum providing guidance on discretionary denials (or “Fintiv denials”) for inter partes review ("IPR") challenges based on co-pending patent litigation. Notably, the 2025 Memo states that the Patent Trial and Appeal Board ("PTAB") will again apply the Fintiv factors when there is a parallel proceeding before the International Trade Commission ("ITC").

Feb 12, 2025 | jdsupra.com | Ramya Auroprem |Brian Johnson |Ian Swan

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819(Fed. Cir. 2025). The three-judge panel, consisting of Chief Judge Moore, Judge Chen, and District Judge John F. Murphy of the Eastern District of Pennsylvania sitting by designation, affirmed the Commission’s opinion as to infringement and whether domestic industry had been satisfied.

Jan 23, 2025 | mondaq.com | Ramya Auroprem |Ian Swan |Don Wang |Brian Johnson

This is an update to our 2024 USITC Commissioner Series. Read part one here, part two here, part three here, part four here, and part five here. On Thursday, January 16, 2025, the U.S. International TradeCommission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. CommissionerSchmidtlein was sworn in on April 28, 2014 and served as Chair ofthe Commission from January 2017 to June 2018.

Jan 20, 2025 | jdsupra.com | Ramya Auroprem |Brian Johnson |Ian Swan

This is an update to our 2024 USITC Commissioner Series. Read part one here, part two here, part three here, part four here, and part five here. On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. Commissioner Schmidtlein was sworn in on April 28, 2014 and served as Chair of the Commission from January 2017 to June 2018.