Concerns About The Goodlatte Innovation Act

On February 5, 2015, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) introduced the Innovation Act, which is touted as “address[ing] the ever increasing problem of abusive patent litigation.” The bill was introduced as H.R. 9, and is the same as the bill that passed the House in 2013 as H.R. 3309. As I wrote in this article, while the Goodlatte Innovation Act is focused on patent litigation, it includes significant changes to a variety of substantive provisions of U.S. patent law. With momentum building for patent reform, it is time for stakeholders to pay attention to the aspects of the bill that will impact an applicant’s ability to obtain a patent in the first place.  Continue reading this entry

Federal Circuit Affirms Use Of Broadest Reasonable Interpretation Of Claims In IPR Proceedings

In affirming the decision of the USPTO’s Patent Trial and Appeal Board (PTAB) in In re Cuozzo Speed Technologies, LLCthe Federal Circuit upheld the PTAB’s use of the “broadest reasonable interpretation” of the claims in Inter Partes Review (IPR) proceedings. The court also determined that it did not have jurisdiction to review the PTAB’s decision to institute the IPR. Continue reading this entry

Why Did The Supreme Court GVR The Shire Lialda Case?

On January 26, 2015, the Supreme Court granted certiorari, vacated, and remanded Shire Development LLC v. Watson Pharmaceuticals, Inc., to the Federal Circuit “for further consideration in light of Teva Pharmaceuticals USA, Inc., v. Sandoz, Inc.” But, if Teva v. Sandoz still calls for de novo review when the claim construction was based only on intrinsic evidence, the Federal Circuit will not have to revise its analysis on remand.  Continue reading this entry

Validity Of Sequenom Patent Still To Be Decided

Although Sequenom has settled its dispute over U.S. Patent 6,258,540 with some parties (as I noted here), its case against Ariosa Diagnostics, Inc. remains active. Thus, we all should be waiting with bated breath to see whether the Federal Circuit determines that the claims of the Sequenom patent satisfy 35 USC § 101. Continue reading this entry