Of Babies and Bathwater – The Impact of In Re Bilski on Life Science Patents

by Michael J. Shuster, Ph.D., and Juleen Konkel – Tension between the broad language of 35 U.S.C. § 101 and limitations of its scope is an emerging issue in recent court decisions attempting…

A Better Carrot Incentivizing Patent Reexamination

by James W. Beard – Patent reexamination provides a potentially powerful alternative to full invalidity litigation, but it has been underutilized because of deficiencies in the patent reexamination system. The system’s appeal as…

Exceeding the Scope of the Patent: Solving the Reverse Payment Settlement Problem Through Antitrust Enforcement and Regulatory Reform

by William J. Newsom – Reverse payment settlements in pharmaceutical patent litigation, also known as “pay for delay” settlements, are almost universally anticompetitive. Nonetheless, because of the current regulatory framework and a failure…

KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias

by Adam Powell – KSR v. Teleflex marked the Supreme Court’s first significant return to the question of patent “obviousness”—which is used to ensure patents are not improvidently granted to inevitable inventions—in over four…