In UCB Inc. v. Actavis Laboratories UT Inc., the Federal Circuit affirmed the district court’s judgement of invalidity on obviousness grounds but reversed the finding of anticipation. In reaching its decision on anticipation, the court rejected the district court’s application of the “at once envisage” rubric when the issue presented is whether a claimed range

On April 26, 2023, Senator Elizabeth Warren and Congresswoman Pramila Jayapal sent a letter to USPTO Director Kathi Vidal complaining about the USPTO’s failure “to address the pharmaceutical industry’s abuse of the patent system.” Frustrated by the USPTO’s apparent willingness to grant “excessive patents because of the revenue it collects from patent issuance fees,” the

The USPTO has commenced the fee-setting process for fee adjustments it expects to implement in January 2025. While many fee changes are modest (~5%), the USPTO proposes significant increases to design patent fees and PTAB trial fees and proposes new fees that could influence applicant behavior and impact how patent applications are prosecuted. A hybrid

On February 23, 2023, the U.S. Patent and Trademark Office (USPTO) held a virtual panel discussion on the duty of disclosure and duty of reasonable inquiry. While both duties apply regardless of technology area, the discussion supported USPTO initiatives pursuant to President Biden’s July 2021 Executive Order on “Promoting Competition in the American Economy” to

To support the National Cancer Moonshot initiative, the USPTO launched the Cancer Moonshot Expedited Examination Pilot Program on February 1, 2023. The new program replaces the Cancer Immunotherapy Pilot Program, which expedited examination for eligible patent applications pertaining to methods of treating cancer using immunotherapy. The new program is open to a broader range

It is hard to predict whether a given bill will gain traction, but when the Senate Judiciary Committee reports out five bipartisan bills targeting pharmaceutical patents and pricing, it seems likely they are determined to get something done. During the February 9, 2023 Executive Business Meeting, the Senate Judiciary Committee reported out the “Interagency Patent

On January 19, 2023, the U.S. Patent and Trademark Office (USPTO) and Food and Drug Administration (FDA) held a “listening session” focusing on USPTO-FDA collaboration initiatives proposed pursuant to President Biden’s Executive Order on “Promoting Competition in the American Economy” to “promote greater access to medicines for American families.” Participants shared their perspectives on how