Federal Circuit Vacates a Board Decision for Failure to Construe a Term as a Means Plus Function Limitation

MTD Products Inc. v. Iancu, Appeal No. 2017-2292 (Fed. Cir. August 12, 2019) By John Isacson MTD had a patent for steering and driving systems for zero turn radius vehicles, such as lawn mowers.  The patent was challenged in IPR, where the Board had to construe the claim term “mechanical control assembly … configured to” … Continue reading Federal Circuit Vacates a Board Decision for Failure to Construe a Term as a Means Plus Function Limitation

Inter Partes Review of Pre-AIA Patents is Constitutional

Celgene Corp. v. Peter, Appeal Nos. 2018-1167, -1168, -1169 (Fed. Cir. July 30, 2019) By John Isacson Celgene owned two patents that pertained to methods of safely distributing potentially hazardous drugs.  The patents were challenged in an inter partes review (IPR) as obvious over the prior art.  The Board determined that the patents were obvious. … Continue reading Inter Partes Review of Pre-AIA Patents is Constitutional

Updated Procedures at the Patent Trial and Appeal Board

By John Isacson July of 2019 has been an active month for the Patent Trial and Appeal Board (PTAB).  The PTAB issued a Trial Practice Guide Update that addresses: Factors that may be considered by the Board in determining when additional discovery will be granted The revised claim construction standard to be used in IPR … Continue reading Updated Procedures at the Patent Trial and Appeal Board

Neptune Generics, LLC v. Eli Lilly & Co., No. 2018-1257 (Fed. Cir. Apr. 26, 2019).

By John Isacson Cited Statutory Sections: 101 and 103 This appeal concerned 10 inter partes reviews (IPRs) filed by petitioners Neptune Generics, Fresenius Kabi USA and Mylan Laboratories against all of the claims of U.S. Patent No. 7,772,209, which is owned by Eli Lilly & Co. The ’209 patent concerns methods of administering pemetrexed disodium, … Continue reading Neptune Generics, LLC v. Eli Lilly & Co., No. 2018-1257 (Fed. Cir. Apr. 26, 2019).

Recent Proposal for Section 101 Reform

By John Isacson A bipartisan group of Senators and Representatives recently released a framework for amending Section 101.  The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug Collins (R-Ga.), Representative Hank Johnson (D-Ga.) and Representative Steve Stivers (R-Ohio).  As Senator Coons stated in a press release: Today, … Continue reading Recent Proposal for Section 101 Reform