The United States government is currently in a partial shutdown due to a lapse in appropriated funding for a portion of the federal government.  The partial shutdown began on December 22, 2018, and is currently in its fifth week.  Two government organizations affected by the shutdown are (i) the Department of Commerce, which includes the

In its recent decision Data Engine Technologies LLC v. Google LLC, No. 17-1135 (Fed. Cir. Oct. 9, 2018), the Court of Appeals for the Federal Circuit affirmed-in-part and reversed-in-part the district court’s ruling on Google’s Fed. R. Civ. P. 12(c) Motion for Judgment on the Pleadings that all asserted claims of U.S. Patent Nos.

On October 5, 2017, the Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review proceeding filed by Neptune Generics, LLC (“Neptune”) challenging the patentability of the claims in Eli Lilly & Co.’s Patent No. 7,772,209 (“the ’209 patent”).  The Board held that Neptune failed to establish that claims

  • New Privilege Rule Protects Communications with Foreign Jurisdiction Patent Practitioners From Discovery in PTAB Proceedings.
  • No Reciprocity From Foreign Jurisdiction is Required.

Under a new rule set to take effect on December 7, 2017, communications between patent practitioners authorized to practice patent matters before the United States Patent and Trademark Office (“USPTO”) under 37 C.F.R.