February 01, 2017

Federal Circuit Pushes Back on Procedural Issues

Intellectual Property Magazine February 2017 While often affirming the Patent Trial and Appeal Board’s (PTAB) substantive decisions on patentability in inter partes review (IPR) proceedings, the Court of Appeals for the Federal Circuit has not hesitated to push back on important procedural issues. Most notably, the Federal Circuit has admonished failures to provide adequate notice to parties concerning the ultimate…

January 31, 2017

Fitzpatrick Sponsors AIPLA’s 2017 Mid-Winter Meeting

American Intellectual Property Law Association February 1-4, 2017 Fitzpatrick is sponsoring the Women in IP Law Breakfast at the AIPLA 2017 Mid-Winter Meeting being held at the Ft. Lauderdale Marriott Harbor Beach Resort & Spa in Florida on February 1-4. Anthony Zupcic is speaking on a panel entitled “Critical Career Considerations: A New Recipe for Success.”

January 19, 2017

Supreme Court Hears Oral Argument in Lee v. Tam

Fitzpatrick Case Update January 19, 2017 On January 18, 2017, the United States Supreme Court heard oral argument in Michelle K. Lee, Director, United States Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293.  The decision in this case will address whether Section 2(a) of the Lanham Act, which permits the United States Patent and Trademark Office (USPTO) to…

January 12, 2017

Federal Circuit Affirms Finding That Teva And Other Drug Makers Would Induce Infringement Of Eli Lilly Method Patent Where Drug Makers’ Product Labels Instruct Doctors To Perform Certain Steps Of Patented Method And Patients To Perform Remaining Steps

Fitzpatrick Case Update January 12, 2017 On January 12, 2017, the Federal Circuit in Eli Lilly v. Teva Parenteral Medicines affirmed a finding that Teva and other drug makers would induce infringement of Eli Lilly’s method-of-treatment patent, U.S. Patent No. 7,772,209, where those drug makers had sought FDA approval for product labels that instructed doctors to perform certain steps of…

January 09, 2017

Federal Circuit Dismisses Appeal By IPR Petitioner For Lack Of Article III Standing Due To Insufficient Evidence Of Injury To Petitioner Arising From Challenged Patent

Fitzpatrick Case Update January 9, 2017 The Court of Appeals for the Federal Circuit today held that, in order to appeal a final decision from an inter partes review (IPR) proceeding, an IPR petitioner must prove Article III standing, including an injury in fact—and moreover must do so by a burden of proof equal to that required for a summary…