Author: John Richards | Practices: , | Tags: , , , , ,

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...

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Author: John Richards | Practices: , | Tags: , , , ,

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc: Prior Public Sale may destroy novelty without disclosure of inventive feature

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc, the United States Supreme Court held that a prior public sale of a patented product could destroy the novelty of a patent for that product even though there was no disclosure of the...

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Native American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board

On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not enjoy Sovereign...

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SCOTUS GRANTS THE LOSS OF OVERSEAS PROFITS TO BE INCLUDED IN DAMAGES IN WESTERN GECO LLC V. ION GEOPHYSICAL CORPORATION

On June 22, 2018 in WesternGeco LLC v. Ion Geophysical Corporation, the Supreme Court held in a 7 – 2 decision written by Thomas J with Gorsuch and Breyer JJ dissenting that the loss of foreign profits resulting from the infringing export from the...

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PRESENTATION: FEDERAL CIRCUIT CONTROL OVER PTAB IN POST-GRANT PROCEEDINGS

A presentation given by Ladas attorney John Richards during the Fordham IP Institute Conference in April 2018 is now available. Click on link to view: “Federal Circuit Control Over PTAB in Post-Grant...

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IT’S 2018: THE IMPACT OF IP DECISIONS FROM 2017

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme Court. U.S. Supreme...

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