A valid U.S. patent gives you the right to exclude others from making, using, offering for sale, selling, or importing your new and useful process, machine manufacture, or composition of matter without your permission. It is important that you protect your hard work by filing for patent protection.
There are many scenarios where a patent search may be helpful. A patent search may reveal existing prior art relevant to a particular patent or invention. Searches may be uniquely catered to a client’s needs.
In B&B Hardware v. Hargis Industries, the U.S. Supreme Court held that a decision from the Trademark Trial and Appeal Board (TTAB) can prevent a district court from re-judging issues that have already been decided by the TTAB’s decision, if the “ordinary elements” of issue preclusion are met. This is despite the fact that the […]
The Federal Circuit has issued its first opinion from an appeal on the merits of an inter partes review, In re Cuozzo Speed Techs. In In re Cuozzo, the court held that the decisions of the USPTO to institute an IPR are final and cannot be appealed to the Federal Circuit, and that the USPTO’s […]
Novartis International has won FDA approval for a biosimilar of an existing drug. The drug, a copy of Amgen’s Neupogen, is designed to boost white blood cell counts in certain patients. An abbreviated FDA approval pathway for biologic medical products that share most of their properties with an existing, approved biologic product was created by […]
In Teva Pharmaceuticals v. Sandoz, the U.S. Supreme Court adopted standards for claim construction that are more deferential to the claim constructions formulated by trial courts. Previously, the constructions of patent claims made by lower courts would be reviewed de novo in their entirety by the Federal Circuit and other appellate courts, which created a […]