This following is a recap of the Manhattan March for Science by Robin Chadwick. The March for Science in Manhattan was smaller than the January 2017 Women’s March in Washington, but large enough that the “entry point” for us was changed from 62nd Street to 64th and then to 68th Street as we moved up Broadway to get over […]

In my last post, I discussed estoppel in the context in inter partes review, in which defendant filed for IPR after losing in the courts. The Board found the claims-in-suit to be obvious. The Federal Circuit affirmed that the courts and the PTAB could reach different conclusions about patentability. In Fairchild (Appeal no. 17-1002 (Fed. Cir., […]

After Novartis’ patents were found nonobvious by the Fed. Cir., affirming the Delaware District Court, defendant Noven filed for inter partes review (IPR) of U.S. Pat. Nos. 6316023 and 6335031, on rivastigmine and an antioxidant. The PTAB found the asserted claims obvious and Novartis appealed to the Fed. Cir., that affirmed (Novartis AG, LTS v. […]

Last week Docket Navigator delivered a troubling headline regarding a recent District Court decision – “Invalidity Opinion Delivered After Product Launch No Defense to Willful Infringement.”  As a practitioner who regularly drafts non-infringement and invalidity opinions, this sort of headline tends to catch your attention; especially after the Supreme Court appeared to breath new life […]