• March 14, 2018
    On February 23, 2018, the Patent Trial and Appeal Board (PTAB) issued two decisions regarding an inter partes review (IPR) of patents covering Allergan’s Restasis© (Cyclosporine ophthalmic emulsion) filed by Akorn Pharmaceuticals, Mylan Pharmaceuticals, and Teva Pharmaceuticals.  The first opinion denied the Saint Regis Mohawk Tribe’s Motion to Terminate the Proceedings, while the second denied...
  • March 09, 2018
    Sughrue is pleased to announce the publication of THE ESSENTIAL CASE LAW GUIDE TO PTAB TRIALS, collectively authored by Sughrue partners and associates.  The Guide is the first comprehensive text on decisions of the U.S. Patent Office regarding the newest form of administrative law practice before that agency.  Through analysis and summary of the PTAB’s...
  • January 10, 2018
    Wi-Fi One, LLC v. Broadcom Corp. (Fed. Cir. 2018) By David Emery In an en banc decision, the Federal Circuit reigned in the scope of 35 U.S.C. § 314(d) by deciding that time-bar determinations under  § 315(b) are appealable.  While § 314(d) states that a determination whether to institute is nonappealable, the Court limited this prohibition...
  • November 30, 2017
    On November 27, 2017, the Supreme Court Justices posed many interesting questions to attorneys representing the parties involved in two underlying Inter Partes Reviews (IPRs) and the federal respondents in these two cases, which will impact the future of IPRs significantly.  Of the two cases, Oil States Energy Services v. Greene’s Energy Group (16-612) has...
Patent Office Trials Blog
  • 3/8/2018
    Sughrue Mion partners Susan Pan, John Bird, Raja Saliba, Jay Lytle, Azy Kokabi and Travis Ribar, and Sughrue associates Grant Shackelford, Arun Shome, Michael Tobin, and Brendan O'Shea co-authored a must-have case law reference, "The Essential Case Law Guide to PTAB Trials."  The Case Law Guide is the first comprehensive text on decisions of the U.S. Patent Office regarding the newest form of administrative law practice before that agency.  Through analysis and summary of the PTAB's decisions, the text identifies boundaries of the PTAB's rules, providing guidance when handling these highly specialized matters before the U.S. Patent Office.  The book will be published by the American Bar Association, Section on Intellectual Property Law.  It will be available for purchase in March 2018 at https://shop.americanbar.org/ebus/ .
  • 1/17/2018
    Sughrue Mion, PLLC is pleased to announce that our firm has been ranked among the top 2 patent firms in the annual rankings done by Ocean Tomo and IAM (International Asset Management) Magazine. This ranking was based on the quality of the patents obtained by Sughrue among other high volume patent firms. Rather than focusing only on USPTO statistics as a measure of quality, this year's IAM ranking considered how well patents would withstand being challenged in a more adversarial setting, such as U.S. district court litigation and post-grant proceedings such as inter partes review.
  • 1/15/2018
    Sughrue partner, Jennifer Hayes, will be part of a webinar on Friday, January 26th from 12 pm - 1:30 pm EST.  The webinar will cover the topic of "Patent Protection for Pharma and Biotechnology in 2018". 
  • 12/13/2017
    On December 12, 2017, the Federal Circuit ruled in favor of Sughrue’s client Accord Healthcare, affirming the PTAB’s inter partes judgment that two Orange Book listed patents for an anti-clotting drug prasugrel (Effient®) were invalid. Accord was sued in the Southern District of Illinois by Eli Lilly and Daiichi-Sankyo for patent infringement based on their filing of an ANDA seeking approval for prasugrel. Sughrue attorneys Michael Dzwonczyk, Chid Iyer and Azy Kokabi, along with several codefendants, successfully obtained a stay of the litigation based upon the PTAB’s institution of two inter partes review petitions, without extending the automatic 30-month stay of FDA approval for ANDAs covering the generic versions. At the U.S. Patent Office, Accord and petitioners successfully argued that every claim of the two patents claiming a combination of prasugrel and aspirin were unpatentable based on prior art that showed it would have been obvious to coadminister the two compounds. Less than one week after the oral argument before the Federal Circuit, the Court summarily affirmed the Board’s decision that the patents were invalid as obvious.
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