Patent

Other Barks & Bites for Friday, July 3: Busy Week for USPTO Announcements, New Vision Gaming Says PTAB Institution Process is Unconstitutional, Federal Circuit Affirms Invalidity of Enbrel Patent Claims

This week in Other Barks & Bites: the Federal Circuit affirms the invalidation of patent claims covering the rheumatoid arthritis treatment Enbrel using a novel argument on obviousness-type double patenting, and vacates a denial of attorney’s fees in a Southern Florida case which invalidated an asserted patent claim under Alice; the U.S. Patent and Trademark Office again extends relief on patent filing deadlines to small and micro entities under the CARES Act, launches a fast-track program to expedite ex parte appeals, and makes several other announcements; the U.S. Supreme Court denies cert to Chrimar v. ALE USA and issues a ruling finding that “generic.com” terms are not generic per se if consumers perceive them as a brand; an appeal to the Federal Circuit is alleging that PTAB judges are financially incentivized to grant validity reviews; and BIC wins a general exclusion order from the ITC preventing the importation of knock-off pocket lighters.

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