Jennifer J. Chheda

Jul 31, 2024 | mondaq.com | Jennifer J. Chheda |Sarah A. Geers |Matthew Hertko |Daniel Sloan

In Short The Situation: Senate Bill 150 ("S.B. 150")—the Affordable Prescriptions for Patients Act of 2023—unanimously passed the Senate and would amend 35 U.S.C. § 272(e) to limit, under certain circumstances, the number of patents that a sponsor of an originator biological product, or RPS, may assert in an infringement action against a biosimilar applicant. The Result: S.B. 150 has been sent to the United States House of Representatives.

May 16, 2024 | mondaq.com | Jennifer J. Chheda |Daniel Sloan

Visit the PTAB Litigation Blog In denying Petitioner Medivis, Inc.'s ("Medivis") Request for Rehearing of the Patent Trial and Appeal Board's ("PTAB") Final Written Decision ("FWD") in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found that at the final decision stage a petitioner must establish public accessibility of a reference by a preponderance of the evidence. Medivis, IPR2023-00042, Paper 37 at 5 (PTAB April 23, 2024) ("Rehearing Decision").

May 7, 2024 | mondaq.com | Anthony Insogna |Jennifer J. Chheda |Matthew Johnson |Emily Tait

On April 30, 2024, the United States Patent and Trademark Office ("USPTO" or "the Office") announced that it is seeking public input on how artificial intelligence ("AI") affects the determination of prior art as well as the legal hypothetical standard for the person having ordinary skill in the art ("PHOSITA"), which serves as a benchmark for claim construction, anticipation, obviousness, written description, and enablement.

Feb 1, 2024 | mondaq.com | Jennifer J. Chheda |Sarah A. Geers |Andrea Weiss Jeffries

The Federal Circuit denied Cellect, LLC's petition for rehearing en banc of the In re Cellect case, which held that the expiration of a patent for obviousness-type double patenting ("ODP") purposes is the expiration date after the addition of patent term adjustment ("PTA"). In the Order issued on January 19, 2024, the Federal Circuit denied Cellect's petition for rehearing en banc of the Federal Circuit decision regarding PTA and ODP.

Dec 29, 2023 | mondaq.com | Dynamic Drinkware |Claire Castles |Jennifer J. Chheda |Sarah A. Geers

The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally funded inventions. Among other considerations, the proposed framework considers the price of a product as a relevant factor with respect to whether an invention has achieved practical application or whether it reasonably satisfies health or safety needs.