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2 weeks ago | 
jdsupra.com | Jennifer Chheda Ph.D |Sarah A. Geers |Matthew Johnson
On March 26, 2025, the U.S. Patent and Trademark Office ("USPTO") acting director sent a memorandum regarding a new interim process for workload management to all Patent Trial and Appeal Board ("PTAB") judges.
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Aug 2, 2024 | 
jdsupra.com | Sarah A. Geers
[co-author: Scott Findley]*On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348, 2023-01461, Paper 12 (PTAB July 9, 2024). Director Vidal found that the PTAB erred in its motivation-to-combine analysis and effectively required an expectation of “absolute success” for prior art combinations. Paper 12 at 7, 9.
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Aug 2, 2024 | 
mondaq.com | Sarah A. Geers
On July 9, 2024, Director Vidal reversed and
remanded a denial of institution of inter partes
review (IPR) relating to three Spin Master patents. See
Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348, 2023-01461, Paper 12 (PTAB July 9, 2024). Director Vidal found that the PTAB erred in its
motivation-to-combine analysis and effectively required an
expectation of "absolute success" for prior art
combinations. Paper 12 at 7, 9.
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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.
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Jul 9, 2024 | 
jdsupra.com | Sarah A. Geers |Matthew Hertko |Anthony Insogna
In ShortThe Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved-out, patented uses.
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Jul 9, 2024 | 
mondaq.com | Anthony Insogna |Sarah A. Geers |Matthew Hertko |Andrea Weiss Jeffries
The Situation: The Hatch-Waxman Act allows
generic drug manufacturers to "carve out" a brand's
patented indications from their proposed labeling. Generic
manufacturers often rely on these so-called "skinny
labels" to try to avoid findings of infringement in standard
Hatch-Waxman cases, but in post-marketing situations, the
generic's "skinny label," coupled with its public
statements, can be evidence of induced infringement even as to the
carved-out, patented uses.
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Jul 8, 2024 | 
lexology.com | Anthony Insogna |Sarah A. Geers |Matthew Hertko |Andrea Weiss Jeffries |Gasper LaRosa |John Normile
In ShortThe Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved out, patented uses.
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May 7, 2024 | 
mondaq.com | Sarah A. Geers |Daniel Sloan
Director Vidal recently vacated three discretionary denials of
institution after finding that the three petitioners did not have a
"significant relationship" with a prior petitioner. American Honda Motor Co., Inc. v. Neo Wireless
LLC, IPR2023-00797, Paper 27 (Mar. 22, 2024); see
also IPR2023-00962; IPR2023-00763. The PTAB applies seven
non-exclusive factors from General Plastic Indus. Co., Ltd. v. Canon
Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.
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May 2, 2024 | 
jdsupra.com | Sarah A. Geers |Daniel Sloan
Director Vidal recently vacated three discretionary denials of institution after finding that the three petitioners did not have a “significant relationship” with a prior petitioner. American Honda Motor Co., Inc. v. Neo Wireless LLC, IPR2023-00797, Paper 27 (Mar. 22, 2024); see also IPR2023-00962; IPR2023-00763. The PTAB applies seven non-exclusive factors from General Plastic Indus. Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.
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May 1, 2024 | 
lexology.com | Sarah A. Geers |Daniel Sloan
Director Vidal recently vacated three discretionary denials of institution after finding that the three petitioners did not have a “significant relationship” with a prior petitioner. American Honda Motor Co., Inc. v. Neo Wireless LLC, IPR2023-00797, Paper 27 (Mar. 22, 2024); see also IPR2023-00962; IPR2023-00763. The PTAB applies seven non-exclusive factors from General Plastic Indus. Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.
