SCOTUS Watch: SCOTUS Decides Against Wading into 101 Quagmire

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On January 13, 2020, the U.S. Supreme Court denied petitions for writs of certiorari in four cases dealing with patent subject matter-eligibility: HP Inc. v. Berkheimer, Hikma Pharms., Inc. v. Vanda Pharms., Inc., Garmin USA, Inc. v. Cellspin Soft, Inc., and Athena Diagnostics, Inc. v. Mayo Collaborative Servs., which was discussed earlier on this blog.  …

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Fed Circuit Watch: No State Sovereign Immunity in IPR

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On June 14, 2019, the Court of Appeals for the Federal Circuit delivered its long-awaited opinion on state sovereign immunity in post-grant proceedings in Regents of the Univ. of Minnesota v. LSI Corporation.[1]  Like it ruled in the sister case last year, Saint Regis Mohawk Tribe v. Mylan Pharms. Inc.,[2] dealing with tribal sovereign immunity, …

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Fed Circuit Watch: Party Lacks Both Sovereign Immunity and Patent-Eligible Treatment Claims

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In one of the more fascinating legal analyses presented in recent memory, the Court of Appeals for the Federal Circuit handed down Univ. of Florida Res. Foundation, Inc. v. General Electric Co.,[1] on February 26, 2019.  The issues presented were state assertion of sovereign immunity in federal court, and method and system of treatment claims …

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Fed Circuit Watch: No Sovereign Immunity in IPR

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Sovereign immunity is the right of the government to not be sued absent waiver or consent.  The federal government retains sovereign immunity rights.[1]  States, through the Eleventh Amendment, also have sovereign immunity in federal courts.[2]  Indian tribes also have sovereign immunity absent waiver or congressional abrogation.[3]  This final type, tribal sovereign immunity, has never been …

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Fed Circuit Watch: Every Limitation Required for Infringement-by-Manufacture

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In FastShip, LLC v. United States,[1] the patented Littoral Combat Ship (LCS) was allegedly infringed.  This case is interesting, in part because the defendant was the U.S. Government, and it is a patent infringement suit which arrived to the Court of Appeals for the Federal Circuit by way of the Court of Federal Claims (CFC).  …

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No Tribal Sovereign Immunity in IPR

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On February 23, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued a decision denying the St. Regis Mohawk Tribe’s various motions to terminate several inter partes review proceedings based on the theory of tribal sovereign immunity.  The consolidated case was Mylan Pharmaceuticals Inc., et al. v. Saint Regis …

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