For the second time in just a few months, the U.S. Patent and Trademark Office (USPTO) and the Department of Justice’s Antitrust Division (DOJ) have teamed up to weigh in on how patent remedies should be handled. First, they filed a joint statement in a district court case to weigh in on preliminary injunctions. And
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Director Squires’ Latest Memo: Share Your Search to Boost Your Odds of IPR Institution
For most of 2025, the trend in Patent Trial and Appeal Board (PTAB) practice has been unmistakable: institution of Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs) has become harder. From the Federal Circuit’s reinforcement of discretionary denials, to the U.S. Patent and Trademark Office’s (USPTO) restoration of real party-in-interest disclosures, to the Director’s consolidation…
Federal Circuit Reverses TTAB Decision Based on Dissimilar House Marks
On June 13, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB or Board) nonprecedential decision finding no likelihood of confusion between opposer Château Lynch-Bages’ and applicant Château Angélus S.A.’s respective trademarks. The Federal Circuit reasoned that the Board erroneously determined that the marks at issue – “ECHO DE LYNCH BAGES” and “ECHO…
Gatekeeping Reasserted: The Federal Circuit’s <em>En Banc</em> Ruling in <em>EcoFactor v. Google</em>
The Federal Circuit issued its long-awaited en banc opinion in EcoFactor v. Google,[1] which provides further clarity on the admissibility standards for damages experts under Rule 702. This decision reverses the original panel’s ruling, which had raised concerns that the Federal Circuit had previously lowered the admissibility standard for damages experts.
In an 8-2…
Will Fewer PTAB Judges Increase the Rate of Discretionary Denials of IPRs and PGRs?
The Acting Director of the United States Patent and Trademark Office just issued a memorandum setting out new procedures for discretionary denials of Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs). The Acting Director will determine whether to deny institution based not only upon the Fintiv factors, but also upon the workload of the Patent…
Life Sciences Newsletter
Updates and News from the BakerHostetler Life Sciences Practice Team
For a life sciences company to bring its scientific and technological advancements to the marketplace, it must navigate a complicated maze of laws, regulations, and rules, as well as a fierce competitive landscape, an unpredictable political environment, and a volatile economy. BakerHostetler’s Life Sciences practice…
Trump’s Nominee for Director of the USPTO Has Pro-Patent Ties
On Tuesday, the Trump administration nominated John Squires, a partner in the New York office of Dilworth Paxon LLP, as director of the United States Patent and Trademark Office (USPTO). Squires boasts expertise in a number of hot-topic technologies, including artificial intelligence, blockchain and fintech/RegTech cybersecurity. He spent nearly a decade in the more traditional…
If a Claim Limitation Is Inherent, There Is No Question of a Reasonable Expectation of Success in Achieving It
Does a claim that merely recites an inherent property of an otherwise obvious claim require an additional analysis to demonstrate that a person of ordinary skill in the art would have had a reasonable expectation of success in arriving at the claim? In Cytiva BioProcess R&D AB v. JSR Corp., the U.S. Court of Appeals…
A Later-Discovered Improvement to an Invention Cannot Be Used To Reach Back and Invalidate an Earlier-Filed Patent
Novartis markets and sells a combination therapy of valsartan and sacubitril under the brand name Entresto® for the treatment of various forms of heart failure. MSN submitted an Abbreviated New Drug Application seeking approval to market and sell a generic version of Entresto®. Novartis sued MSN for infringing claims 1-4 of U.S. Patent No. 8,101,659…
Federal Circuit Concludes Sales and Marketing Expenses Are To Be Included In Economic Prong Analysis At The ITC
This week, the U.S. Court of Appeals for the Federal Circuit lowered barriers that one must overcome to enforce patents at the U.S. International Trade Commission (ITC). The ITC often proves to be an effective forum to enforce claims for patent infringement by products that are imported into the United States because, when proper claims…