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A company that had three patents invalidated by Samsung Electronics Co. Ltd. has told the interim U.S. Patent and Trademark Office director that the Patent Trial and Appeal Board's procedure for deciding whether to grant patent reviews suffers from the same constitutional defect identified in Arthrex.
U.S. District Judge Alan Albright, who oversees the nation's busiest patent docket, has granted five requests to pause infringement litigation while the Patent Trial and Appeal Board reviews an oil drilling patent that DynaEnergetics has asserted in all five cases.
New Vision Gaming & Development Inc. has asked the Federal Circuit to reconsider its Dec. 3 order remanding two Patent Trial and Appeal Board decisions so that it can request rehearing by the U.S. Patent and Trademark Office director under the new Arthrex process.
Apotex Inc. has asked the Supreme Court to reverse a Federal Circuit ruling affirming that it infringed patents for Eagle Pharmaceuticals' cancer drug Bendeka, saying Eagle just reformulated an old drug developed in East Germany in the 1960s, so the patents should have been found obvious.
The Federal Circuit's chief judge rebuked an attorney for Apple on Wednesday, telling him "to be more accurate" in representations to the court about why it should affirm a Patent Trial and Appeal Board decision invalidating several claims in an audio enhancement patent.