Archive for 2017
CAFC Rules Petitioner has Burden of Proof
CAFC Rules Petitioner has Burden of Proof to Demonstrate Unpatentability of Patent Owner’s Amended Claims in an Inter Partes Review On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit (CAFC) sitting en banc, ruled that the petitioner has the burden of persuasion with respect to demonstrating unpatentability of amended claims proposed by…
Read MoreUpdate on Regeneron Pharmaceuticals Inc. v. Merus N.V.
Update on Regeneron Pharmaceuticals Inc. v. Merus N.V. On Tuesday, September 12, 2017, as expected, Regeneron Pharmaceuticals Inc. petitioned the Court of Appeals for the Federal Circuit (CAFC) for a rehearing en banc of its panel decision rendered in Regeneron Pharmaceuticals Inc. v. Merus N.V., 864 F3d 1343, 123 USPQ2d 1469 (Fed. Cir. 2017). On September 26, 2017, Washington…
Read MoreCAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement
CAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement On July 27, 2017, in a panel decision, the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s ruling below (Southern District of New York) that Regeneron’s US Patent No. 8,502,018 is unenforceable due…
Read MoreU.S. Supreme Court Rules Anti-disparagement Clause of Lanham Act Violates Free Speech Clause of the First Amendment
U.S. Supreme Court Rules Anti-disparagement Clause of Lanham Act Violates Free Speech Clause of the First Amendment On June 19 , 2017, the U.S. Supreme Court in Matal v. Tam, 137 S. Ct. 1744, ruled the anti-disparagement clause under section 2(a) of the Lanham Act violates the Free Speech Clause of the First Amendment and is therefore invalid, affirming…
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