
Patent Docs
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Browse articles to stay updated on biotechnology law. Patent Docs is a weblog authored by patent practitioners, which focuses on biotech/pharma patent law, including reports on changes in USPTO rules and procedures, recent court decisions, newly filed patent litigation, and recently issued patents.
Patent Docs
3w ago
Published Patent Applications Are Prior Art as of the Filing Date, Not the Publication Date By Joshua Rich -- Lynk Labs raises a simple question of statutory interpretation with surprisingly important ramifications: in inter partes review, is a published patent application considered prior art as of the date of filing or the date of publication? The former answer has been how the law has long been applied and would comport with Federal court practice, but Lynk argued that Congress had chosen the latter approach by keeping the language that had been in the statute for decades before IPRs existe ..read more
Patent Docs
3w ago
By Kevin E. Noonan -- The Office of the U.S. Trade Representative (USTR) issued its "2024 Review of Notorious Markets for Counterfeiting and Piracy" on January 8th, directed to "prominent and illustrative examples of online and physical markets that reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy or counterfeiting," having the goal of "motivate[ing] appropriate action by the private sector and governments to reduce piracy and counterfeiting" globally. The Overview of the Results is focused on pharmaceuticals highlighted in detail in its Issue Focus sec ..read more
Patent Docs
1M ago
Distinguished Judges File Amicus Brief in Newman v. Moore et al. By Kevin E. Noonan -- It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently mentioned; see "An American (and Entirely Unnecessary) Tragedy"). That has now changed, with the D.C. Circuit Court of Appeals receiving amicus briefs from four separate groups submitted in support of Judge Newman's challenge. These amici ask the Court to reverse the District Court's dismissal o ..read more
Patent Docs
1M ago
D.C. Bar Association File Amicus Brief in Newman v. Moore et al. By Kevin E. Noonan -- It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently mentioned; see "An American (and Entirely Unnecessary) Tragedy"). That has now changed, with the D.C. Circuit Court of Appeals receiving amicus briefs from four separate groups submitted in support of Judge Newman's challenge. These amici ask the Court to reverse the District Court's dismissal o ..read more
Patent Docs
1M ago
Academics and Other Experts File Amicus Brief in Newman v. Moore et al. By Kevin E. Noonan -- It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently mentioned; see "An American (and Entirely Unnecessary) Tragedy"). That has now changed, with the D.C. Circuit Court of Appeals receiving amicus briefs from four separate groups submitted in support of Judge Newman's challenge. These amici ask the Court to reverse the District Court's dism ..read more
Patent Docs
1M ago
The authors and contributors of Patent Docs wish their readers and families a Happy Holidays! It is also our hope that all of our readers, along with their families and friends, have a healthy and safe holiday.
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Patent Docs
1M ago
The Buckeye Institute Files Amicus Brief in Newman v. Moore et al. By Kevin E. Noonan -- It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently mentioned; see "An American (and Entirely Unnecessary) Tragedy"). That has now changed, with the D.C. Circuit Court of Appeals receiving amicus briefs from four separate groups submitted in support of Judge Newman's challenge and asking the Court to reverse the District Court's dismissal of he ..read more
Patent Docs
1M ago
By Kevin E. Noonan -- The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading up to the suspension; see "Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit"; "Judge Newman Matter Continues"; "Federal Circuit Special Committee Responds to Judge Newman's Counsel's Request for Clarification Regarding Misconduct Hearing"; "Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman ..read more
Patent Docs
2M ago
By Michael Borella -- For most of the last two decades, the U.S. Patent and Trademark Office offered its electronic filing system (EFS), through which practitioners could file patent applications and related prosecution documents, and private patent application information retrieval (private PAIR), through which practitioners could view filed applications. Both were retired on November 8, 2023 in favor of Patent Center. Patent Center existed as a "working beta" for a number of years. This alone is not an issue -- organizations launching new web portals often introduce them with a soft launch s ..read more
Patent Docs
2M ago
By Kevin E. Noonan -- Last month, at the Biotechnology Innovation Organization (BIO) Intellectual Property Counsels Committee (IPCC) conference in Washington, DC, the Honorable Judge Pauline Newman of the Federal Circuit gave a lunchtime address that was different from others she has given at many conferences in the past. This one was heart-rending, inspirational, and illuminating, the subject being the circumstances and history around her suspension (going on two years now) from her duties and responsibilities on the Court. Much of what the Judge discussed is public knowledge (see "Judge Newm ..read more