Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

By Tom Engellenner In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office's Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents on the dry-eye drug Restasis with the Saint Regis Mohawk Tribe in upstate New York.  … Continue reading Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

By Sean Gloth In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the “Foundation”) and dismissed three Petitions for Inter Partes Review (“IPR”) filed by Covidien LP (“Covidien”) against a patent owned … Continue reading State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

Federal Circuit Requires Standing To Appeal An IPR Decision

By Reza Mollaaghababa In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No. 8,337,856 (“the ‘856 patent”) in an inter partes review (IPR) lacked standing to appeal a Patent Trial and … Continue reading Federal Circuit Requires Standing To Appeal An IPR Decision

A Ticking Clock – The PTAB Continues to Define What Constitutes a Complaint Alleging Patent Infringement

By Ben Snitkoff The Patent Trial and Appeals Board has released another decision interpreting 35 U.S.C. 315(b), regarding the time bar for filing a petitions for inter partes review (IPR). Specifically, the PTAB has again been asked to interpret what the phrase “served with a complaint alleging infringement of the patent” means. This rather straightforward … Continue reading A Ticking Clock – The PTAB Continues to Define What Constitutes a Complaint Alleging Patent Infringement