Category Archives: Post-Grant Issues

Is the Halo Broken Already?

Last week Docket Navigator delivered a troubling headline regarding a recent District Court decision – “Invalidity Opinion Delivered After Product Launch No Defense to Willful Infringement.”  As a practitioner who regularly drafts non-infringement and invalidity opinions, this sort of headline … Continue reading

Posted in Damages, Post-Grant Issues | Leave a comment

Broad Institute/MIT/Harvard CRISPR Patents Survive PTO Interference

Yesterday, the PTAB in interference 106,048 issued a short order finding no interference- in- fact between the claims of 12 Broad Institute patents (US Patent Number 8,697,359 et al.) and the application held by  The Regents of the University of California … Continue reading

Posted in Post-Grant Issues | Leave a comment

UCB v. Yeda R&D Co. – No “Safe Harbor” for Unamended Claims

UCB sued Yeda for a DJ of non-infringement of US Patent No. 6,090,923 [Appeal No. 2015-1957 (Fed. Cir. September 8, 2016)].The main claim in question was directed to “A monoclonal antibody which specifically binds a human cytotoxin [having X properties].” … Continue reading

Posted in Litigation Issues, Post-Grant Issues, Written Description Requirements (WDR) | Leave a comment

Federal Circuit Clarifies Prosecution Laches

  The facts of Cancer Research Tech. v. Barr Labs., Inc., App. No. 2010-1204 (Fed. Cir. November 9, 2010) (PDF at end of post) are almost more interesting than the holding, which is : “We…now hold that to establish [the … Continue reading

Posted in Post-Grant Issues | Tagged , , , , , , , , , | Leave a comment