TITLE

RETHINKING FINALITY IN THE PTAB AGE

AUTHOR(S)
Ni, Peggy P.
PUB. DATE
January 2016
SOURCE
Berkeley Technology Law Journal;2016 Special Issue, Vol. 31, p557
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the decision of the U.S. Court of Appeals for the Federal Circuit in the cases Fresenius USA, Inc. v. Baxter International, Inc. and ePlus, Inc. v. Lawson Software, Inc. which found that judgments were not sufficiently final to preclude the U.S. Patent and Trademark Office (PTO) determinations of patent invalidity. It mentions that pre- and post-America Invents Act (AIA) patent litigation landscape.
ACCESSION #
120485579

 

Related Articles

  • FRESENIUS USA, INC. V. BAXTER, INT'L, INC. 721 F.3D 1330 (FED.CIR. 2013). Quinn, Sean P. // Journal of Art, Technology & Intellectual Property Law;Fall2013, Vol. 24 Issue 1, p247 

    The article discusses the U.S. Federal Circuit court case Fresenius USA Inc. vs. Baxter International Inc. wherein the former alleged that claims of U.S. Patent no. 5,744,027 and certain claims of U.S. Patent No. 6,284,131 were invalid and not fringed. The federal circuit affirmed the decision,...

  • Belabored Battle. Seidenberg, Steven // InsideCounsel;Aug2012, Vol. 23 Issue 248, p20 

    The article discusses a court case in which the Federal Circuit upheld a verdict favoring Baxter International in a patent infringement suit against Fresenius USA. In re Baxter International, the final judgment for more than 23.5 million U.S. dollars was won by Baxter but the U.S. Patent and...

  • Reimagining Finality in Parallel Patent Proceedings. PICOZZI, BEN // Yale Law Journal;Jun2016, Vol. 125 Issue 8, p2519 

    The article reflects on the decision of the U.S. Court of Appeals for the Federal Circuit in the case Fresenius USA, Inc. v. Baxter International, Inc., regarding the appellate jurisdiction over cases arising under the patent laws with judicial and administrative proceedings. It mentions that...

  • The ABA-IPL Section and Amicus Briefs The "Third Half": Lexmark and Fresenius II. Gregory, Hayden W. // Landslide;Sep/Oct2013, Vol. 6 Issue 1, p2 

    The article discusses several cases including Lexmark International, Inc. v. Static Control Components Inc. and Fresenius U.S.A., Inc. v. Baxter International, Inc. It states that the American Bar Association's position for a uniform approach should be adopted in regional circuit courts' rulings...

  • Invalidating Patents Through Inter Partes Review. Barry, Daniel G. // Orange County Business Journal;7/8/2013, Vol. 36 Issue 27, pB-38 

    The article offers information on the inter partes review, a procedure on invalidating a patent on court proceedings, created by the U.S. Patent and Trademark Office (USPTO) under the America Invents Act. It states the inter partes review is a significant tool for patent's invalidation since it...

  • Fresh Statistics Regarding the New Inter Partes Review Procedure: The First Nine Months. McDonald, Daniel; Davis, Chris // Federal Lawyer;Oct/Nov2013, Vol. 60 Issue 9, p51 

    The article discusses Inter Partes Review (IPR) procedure decisions for grant of patents in the U.S. as of October-November 2013. The topics discussed include provisions of U.S. American Invents Act related to patent invalidation, comparison between cost of IPR review process and U.S. Patent and...

  • Incentives to Challenge and Defend Patents: Why Litigation Won't Reliably Fix Patent Office Errors and Why Administrative Patent Review Might Help. Farrell, Joseph; Merges, Robert P. // Berkeley Technology Law Journal;Summer2004, Vol. 19 Issue 3, p943 

    Discusses incentives to challenge and defend patents in the U.S. Inadequacy of litigation to reliably fix errors of the U.S. Patent and Trademark Office; Recommendation to conduct administrative patent review to settle patent disputes.

  • Baxter plasma biz has its hospital customers seeing red. Colias, Mike // Crain's Chicago Business;1/25/2010, Vol. 33 Issue 4, p3 

    The article reports that drugmaking company Baxter International Inc. is facing large number of lawsuits from hospital customers who have accused it of conspiring with competitors to operate a "cartel" that controls prices for therapies made from human plasma. As stated, 17 hospitals have sued...

  • IPRs and ANDA Litigation. O'BYRNE, STEPHANIE E. // Federal Lawyer;Jan/Feb2015, Vol. 62 Issue 1, p54 

    The article discusses Inter Partes Review (IPR) procedure introduced by the America Invents Act to reduce the costs associated with Abbreviated New Drug Application (ANDA) litigation. Topics include IPR petitions filed with the U.S. Patent Trial and Appeals Board (PTAB) of the U.S. Patent and...

  • Neuralstem accuses StemCells in suit of deceiving USPTO.  // Medical Device Daily;5/8/2008, Vol. 12 Issue 90, p6 

    The article focuses on a lawsuit filed by stem cell company Neuralstem against StemCells of Palo Alto, California, alleging that it intentionally withheld crucial information highly material to the patentability of StemCells' new patent and that it was done with the intent to deceive the U.S....

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics