Written Description In Provisional Application: Perdue Pharma L.P. v. Andrei Iancu.
Amneal Pharmaceuticals, LLC. ("Amneal") filed two petitions for inter partes review of claims 1–13 and 16–19 of U.S. Patent No. 9,034,376 ("the '376 patent") of Purdue Pharma L.P., P.F. Laboratories, Inc. and Purdue Pharmaceuticals L.P. ("Purdue").
What You Say Can Hurt You
Often in writing applications there is a tendency to denigrate prior art techniques. This is not risk free as the patentee in Nuvo Pharmaceuticals (Ireland) v. Dr. Reddy's Laboratories, Inc. (Fed. Cir. May 15, 2019) discovered.
PTAB Issues Two New Precedential Opinions On Discretion to Deny Review - Implications for Generics
The PTAB designated two decisions as precedential this week (in addition to several in previous weeks), both relevant to the Board's discretion to deny review. These cases illustrate that the PTO is in the process of designating precedential opinions on a number of issues, in line with revised Standard Operating Procedure 2 for designating precedential and informative decisions. See my previous posts on other recent precedential decisions here and here.
Delaware District Court Finds Exceptional Case Based on Plaintiff's Opposition To Alice Motion
On March 18, 2019, the court in Finnavations LLC v. Payoneer, Inc., No. 1-18-cv-00444, Dkt. No. 35 (D. Del. Mar. 18, 2019) granted defendants' motion for exceptional case and awarded defendants attorneys' fees.
Is the Canard that the Board Never Makes Credibility Determinations Finally Dead?
In Winner Int'l Royalty Corp. v. Wang, 202 F.3d 1340, 53 USPQ2d 1580 (Fed. Cir. 2000)("Winner v. Wang"), a panel of the Federal Circuit asserted that the administrative patent judges ("APJs") can never hear and see witnesses under examination and cross-examination and that, accordingly, they cannot make credibility assessments.