There is a long-awaited clarification with regards to the question of whether a petitioner could appeal an adverse decision in an inter partes review (“IPR”) proceeding in the Patent Trials and…
Clorox sells a product, “disinfecting wipes,” that boasts on its container, “Kills 99.9% of Viruses & Bacteria.” It’s a great product, and I use it every day. But it’s a…
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR)…
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…
Background of the Case: Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act…
The federal government has proved to be ineffective at bringing publically funded discoveries to the public. The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on…
In 2015, Allergan, a powerhouse pharmaceutical company, filed suit against generic companies for patent infringement. Allergan, Inc. v. TEVA Pharms. USA, Inc., No. 2:15-cv-1455-WCB (E.D. Tex. Oct. 16, 2017) hosted…
The video game industry is a rapidly growing market. The rising prize pools of video game tournaments and the popularity of streaming personalities are just a couple of the signs…
By changing the word “art” to “process” in the 1952 Patent Act, Congress introduced one of the first changes to the statutory language of PSM since Thomas Jefferson penned the…
Background of the Case: Kraft brought a patent infringement suit against TC Heartland in the District of Delaware. Kraft is incorporated in Delaware and has its principal place of business…