Teva v. Sandoz: The Dissent

By Kevin E. Noonan — The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring opinions for Justices to further set forth their views. In the Teva v. Sandoz decision this trend came to an end, with a dissent by Justice Thomas joined by Justice Alito that challenged both the majority’s decision regarding the standard of appellate review for claim construction and Justice Breyer’s rationale for reaching this conclusion. The majority had determined that claim construction was ultimately a…
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What’s Next? Some Consequences of the Teva v. Sandoz Decision

By Kevin E. Noonan — It has escaped almost no one’s notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in the preceding twenty years. Evident but perhaps less discussed is the change in the nature of how U.S. patent law is now developed as a result. With the institution of the Federal Circuit, the law developed gradually, relatively consistently and as an organic whole (insofar as an area of law subject to disputes between private parties can). With the advent of more frequent Supreme Court scrutiny the law…
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Dr. Sheppard Selected as Director of USPTO’s Detroit Office

By Jason Rantanen Congratulations to my colleague at the University of Nebraska College of Law, Dr. A. Christal Sheppard, who I understand has been selected as the first Director of the PTO’s Detroit satellite office.  From her biography at the College of Law: Dr. Sheppard began her career as a scientist earning a M.S. and […]
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Director Lee: Next Step is to Focus on Patent Quality Initiatives

by Dennis Crouch In her confirmation hearings on January 21, Michelle Lee reported to the Senate that both the USPTO and the Courts have taken significant steps in addressing problems in the patent system following enactment of the AIA. However, Lee supports further “balanced” statutory reform to particularly address patent litigation abuses.  However, Lee was unwilling to take a stance […]
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The Top Green IP Stories of 2014

Before we get into the new news, let’s take a quick look back at the top green IP stories of 2014.   5.  GE Wins Ownership of Key Wind Patent In what was something of a sideshow, but with major implications for the main event, the Court of Appeals for the Federal Circuit effectively ended [...]
Read the full story here: Green Patent Blog®

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