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
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
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).
By Reza Mollaaghababa In an inter-partes review proceeding (IPR), a challenger can rely only on patents and printed publications to challenge the validity of a patent claim. In contrast, in a post grant review (PGR) proceeding, a challenger can rely on any ground related to patentability, including prior sale, to challenge a patent claim. In … Continue reading Supreme Court Holds That AIA On-Sale Bar Applied to Secret Sales
By Tom Engellenner A number of significant changes occurred in 2018 at the U.S. Patent and Trademark Office (USPTO). To begin with, in February 2018, a new USPTO Director took office. Director Andrew Iancu, a former patent litigator with law firm experience, appears to have brought a different perspective than that of his corporate predecessors … Continue reading Year in Review: Changes in PTAB Practice in 2018