An expanded panel of seven patent judges in an IPR proceeding held that the Regents of the University of Minnesota waived its Eleventh Amendment immunity by filing an action in the district court alleging infringement of the same patent challenged in the IPR. LSI Corp. and Avago Technologies U.S. Inc., Case IPR2017-01068 (Dec. 19, 2017).Read More
Polsinelli on Post-Grant | Intellectual Property Blog
Polsinelli has built one of the nation’s deepest PTAB practices, serving clients in a wide range of technical areas. Unlike many firms, Polsinelli actively works with both Petitioners looking to challenge patent validity and Patent Owners who are trying to preserve their patents. We work closely with our clients to understand their business objectives and then formulate a plan that aligns their PTAB strategy with their overall litigation, licensing, or patent prosecution goals.
The practice’s robust patent team is made up of a combination of patent litigators, patent prosecutors and technical experts, including a former Director of the USPTO. This depth enables us to navigate the complex procedural, substantive and strategic issues posed by PTAB proceedings to deliver superior results for our clients.
The U.S. Supreme Court asked tough questions during the oral arguments in Oil States Energy Services LLC v. Greene’s Energy Group LLC. This case challenges the constitutionality of inter partes review (IPR), a procedure established under the America Invents Act. There are 5 themes that came up during oral arguments on Monday.Read More
In an interesting turn of events, the Board is now permitting amicus briefs in the hotly disputed case between Allergan, Inc. and generic drug makers relating to patents for Allergan’s dry eye drug, Restasis. This appears to be the first time that the Board has allowed amicus briefs in a post-grant challenge.Read More
By: Babak Monajemi
Oil States Energy Services v. Greene’s Energy Group (hereinafter, Oil States) involves United States Patent No. 6,179,053, (the ’053 Patent) directed to using a mechanical lockdown mechanism in hydraulic fracturing (known as “fracking”) procedures. In 2012, the Plaintiff filed a patent infringement suit against the Defendant (Greene’s Energy Group). Almost one year into the litigation, the Defendant petitioned the USPTO for inter partes review of the ‘053 claims.Read More
By: Jeffrey Kuo and Afia Naaz
Edited by: Margaux Savee
Patent invalidation is a high stakes game for the pharmaceutical industry. Patented drug sales account for about 70% ($244 billion) of pharmaceutical sales in the US, and invalidation of patents at the Patent Trial and Appeal Board (“PTAB”) has an impact on pharmaceutical share prices.
Read on for more information including:
- Comparing IPR with District Court Litigation of Pharmaceutical Patents
- Statistical Outcomes of Pharmaceutical IPRs