24 Nov New Developments in Patent Law
This page contains links to a number of websites, articles and studies that contain a variety of views and information on a non-exhaustive list of current and emerging patent-related issues. As the patent debate develops, other topics may be added and others deleted. In addition, this page contains a separate link to information on various national strategies and policies. Leahy criticized former PTO director Andrei Iancu for “paralyzing” the PTAB and wants to change an Iancu-era PTO rule that gave PTAB judges more leeway in rejecting petitions, leading to increased rejection of patent examinations. On the other hand, they may also try to re-establish themselves as industry leaders. This will affect how patent portfolios are constructed, and there may also be a change in the filing of patents by large companies. In November 2021, the Federal Circuit issued its decision in Celgene Corp. v. Mylan Pharmaceuticals Inc. Explanation of the measures that are “sufficiently related” to Anda`s application for the purpose of determining location. Mylan has submitted ANDAs to launch a generic version of Celgene`s patented drug Pomalyst.
As part of the application, Mylan sent a Section IV termination letter to Celgene in New Jersey, but did not file the New Jersey ANDA. Celgene has filed a lawsuit in New Jersey against Mylan and its subsidiaries. While Celgene is headquartered in New Jersey, Mylan is based in West Virginia and its other subsidiaries are based in Pennsylvania and the Netherlands. The America Invents Act (AEOI) of 2011 was designed to improve the quality of patents and reduce the burden on the judicial system. Among the most notable changes was the shift from a first-to-discover standard to a first-to-file standard, which brought U.S. law into line with most international law. To reduce abusive claims, the Act provided new opportunities to challenge questionable patents through the newly established Patent Trial and Appeal Board (PTAB) of the Patent and Trademark Office (PTO). Proponents argued that if questionable patents could be invalidated through new, faster review procedures, trolls would not be able to enforce them against vulnerable producers who are unable to fight the patent itself. The law thus created a way for anyone to challenge any patent claim through a procedure called inter partes examination (IPR). In this procedure, the challenger presents evidence that a patent is to be considered invalid. Once the PTAB has agreed to hear the application, it must render its decision within twelve months and act as a cheaper and faster alternative to the courts with a lower burden of proof. The courts can and have had an effect.
However, many of the provisions of a recently adopted patent law have not been brought before the courts. In order to understand the current calls to action, it is important to understand these changes as well.  Chris Neumeyer, Managing Costs of Patent Litigation www.ipwatchdog.com/2013/02/05/managing-costs-of-patent-litigation/id=34808/ In recent years, the patent system has reached a much higher level of utilization than could have been imagined just ten years ago. However, there was no general satisfaction with this success, either among the immediate circle of administrators and users of the patent system, nor among the intended beneficiaries of the system in society. Learn more. The formal notices mark the beginning of a trial for infringement and have attracted the attention of the press. A few years ago, a company called MPHJ sent out more than 16,000 of these letters demanding payment for a “scan to email” patent.  Although there have been various bills designed to address this behavior, the Federal Trade Commission (FTC) filed a lawsuit against MPHJ that resulted in a consent agreement limiting the sending of misleading letters.
While these FTC actions have reduced the need for a directed bill, the agency has been cautious on this issue, so a bill clarifying the exact purpose of the FTC`s authority and giving them clear guidance on the types of behavior that should be curbed could deter abusive demand letters.