Latest news with #PTAB
Yahoo
3 days ago
- Business
- Yahoo
PGR institution likely weakens Halozyme bull case scenario, says Wells Fargo
Wells Fargo analyst Mohit Bansal notes that PTAB has instituted Merck's (MRK) patent grant review against Halozyme Therapeutics (HALO) MDASE patents. This patent is one of the patents Merck is fighting against Halozyme. The firm believes this likely reduces the probability of Halozyme prevailing in this case and weakens the bull argument. Wells has an Equal Weight on Halozyme with a price target of $65 on the shares. Easily unpack a company's performance with TipRanks' new KPI Data for smart investment decisions Receive undervalued, market resilient stocks right to your inbox with TipRanks' Smart Value Newsletter Published first on TheFly – the ultimate source for real-time, market-moving breaking financial news. Try Now>> See Insiders' Hot Stocks on TipRanks >> Read More on HALO: Disclaimer & DisclosureReport an Issue Merck granted review of Halozyme patent claims by PTAB Halozyme's Strategic Positioning and Market Potential Drive Buy Rating Halozyme announces EC approval of Bristol Myers' Opdivo developed with Enhanze Optimistic Buy Rating for Halozyme Amid Price Control Concerns Halozyme downgraded to Equal Weight from Overweight at Morgan Stanley
Yahoo
16-04-2025
- Business
- Yahoo
Sterlington Expands Patent Litigation Practice with Addition of Brent Babcock
NEW YORK, April 16, 2025--(BUSINESS WIRE)--Sterlington PLLC announced today that Brent Babcock has joined the firm as a partner in its Intellectual Property practice. A nationally recognized patent litigator, Babcock brings more than three decades of experience handling high-stakes patent disputes across federal district courts and the U.S. Patent and Trademark Office, with extensive experience in Patent Trial and Appeal Board (PTAB) proceedings. "Brent's arrival meaningfully expands our ability to advise clients in complex patent disputes," said Christopher S. Harrison, managing partner of Sterlington. "His nationally respected PTAB practice and extensive experience in district court litigation, coupled with his technical training and appellate advocacy, make him a valuable asset to our clients and our team." Babcock's practice spans every aspect of patent litigation—from federal district court and PTAB trials to appeals before the U.S. Court of Appeals for the Federal Circuit. He has represented clients in more than 140 proceedings before the PTAB and handled more than 35 patent interferences, as well as numerous reexaminations. His matters have spanned a wide range of technologies, including mechanical systems, semiconductors, medical devices, cellular communications, biotechnology, and software platforms. Although Babcock focuses on patent disputes, he also represents clients in trademark, trade dress, copyright, trade secret, unfair competition, and false advertising matters. "Sterlington offers a rare combination of top-tier talent, a flexible and collaborative team, and a forward-thinking culture that supports sophisticated client work," said Babcock. "The firm's focus on attracting premier lawyers and delivering high-quality results efficiently makes it an ideal home for my national practice." Recognized as PTAB Practitioner of the Year by Managing Intellectual Property in 2022 and consistently ranked among the country's leading patent lawyers by IAM Patent 1000, Babcock is widely regarded as one of the foremost practitioners in post-grant proceedings. His arrival is part of a broader growth trajectory for Sterlington. The firm has added seven lateral partners in as many months. Recent arrivals include Lawrence Waks, a top corporate lawyer and advisor to global brands and celebrity-backed ventures; Robert Ray, a former federal prosecutor who succeeded Kenneth Starr as independent counsel; Jonathan Sherman and Courtney Rockett, highly regarded litigators from Boies Schiller Flexner; and other senior attorneys across the firm's corporate, international arbitration, and private client practices. Babcock joins Sterlington from Loeb & Loeb, where he was chair of the firm's PTAB Trials practice group. Previously, he practiced at Womble Bond Dickinson and Knobbe Martens. He earned his J.D. from Georgetown University Law Center and his M.B.A. from the Georgetown University McDonough School of Business. He holds both bachelor's and master's degrees in mechanical engineering from UCLA. About Sterlington Sterlington PLLC is an international law firm focusing on complex corporate, litigation, and transactional matters. By offering high-level legal expertise and customized client solutions, the firm helps clients around the world achieve their business goals. Visit us at View source version on Contacts Media Inquiries Kate QuinceHead of Marketing and Sign in to access your portfolio
Associated Press
16-04-2025
- Business
- Associated Press
Sterlington Expands Patent Litigation Practice with Addition of Brent Babcock
NEW YORK--(BUSINESS WIRE)--Apr 16, 2025-- Sterlington PLLC announced today that Brent Babcock has joined the firm as a partner in its Intellectual Property practice. A nationally recognized patent litigator, Babcock brings more than three decades of experience handling high-stakes patent disputes across federal district courts and the U.S. Patent and Trademark Office, with extensive experience in Patent Trial and Appeal Board (PTAB) proceedings. This press release features multimedia. View the full release here: Brent Babcock, Partner, Sterlington 'Brent's arrival meaningfully expands our ability to advise clients in complex patent disputes,' said Christopher S. Harrison, managing partner of Sterlington. 'His nationally respected PTAB practice and extensive experience in district court litigation, coupled with his technical training and appellate advocacy, make him a valuable asset to our clients and our team.' Babcock's practice spans every aspect of patent litigation—from federal district court and PTAB trials to appeals before the U.S. Court of Appeals for the Federal Circuit. He has represented clients in more than 140 proceedings before the PTAB and handled more than 35 patent interferences, as well as numerous reexaminations. His matters have spanned a wide range of technologies, including mechanical systems, semiconductors, medical devices, cellular communications, biotechnology, and software platforms. Although Babcock focuses on patent disputes, he also represents clients in trademark, trade dress, copyright, trade secret, unfair competition, and false advertising matters. 'Sterlington offers a rare combination of top-tier talent, a flexible and collaborative team, and a forward-thinking culture that supports sophisticated client work,' said Babcock. 'The firm's focus on attracting premier lawyers and delivering high-quality results efficiently makes it an ideal home for my national practice.' Recognized as PTAB Practitioner of the Year by Managing Intellectual Property in 2022 and consistently ranked among the country's leading patent lawyers by IAM Patent 1000, Babcock is widely regarded as one of the foremost practitioners in post-grant proceedings. His arrival is part of a broader growth trajectory for Sterlington. The firm has added seven lateral partners in as many months. Recent arrivals include Lawrence Waks, a top corporate lawyer and advisor to global brands and celebrity-backed ventures; Robert Ray, a former federal prosecutor who succeeded Kenneth Starr as independent counsel; Jonathan Sherman and Courtney Rockett, highly regarded litigators from Boies Schiller Flexner; and other senior attorneys across the firm's corporate, international arbitration, and private client practices. Babcock joins Sterlington from Loeb & Loeb, where he was chair of the firm's PTAB Trials practice group. Previously, he practiced at Womble Bond Dickinson and Knobbe Martens. He earned his J.D. from Georgetown University Law Center and his M.B.A. from the Georgetown University McDonough School of Business. He holds both bachelor's and master's degrees in mechanical engineering from UCLA. About Sterlington Sterlington PLLC is an international law firm focusing on complex corporate, litigation, and transactional matters. By offering high-level legal expertise and customized client solutions, the firm helps clients around the world achieve their business goals. Visit us at View source version on CONTACT: Media Inquiries Kate Quince Head of Marketing and Communications Sterlington [email protected] KEYWORD: UNITED STATES NORTH AMERICA NEW YORK INDUSTRY KEYWORD: PROFESSIONAL SERVICES LEGAL PATENT LAW SOURCE: Sterlington PLLC Copyright Business Wire 2025. PUB: 04/16/2025 10:35 AM/DISC: 04/16/2025 10:34 AM
Reuters
20-03-2025
- Business
- Reuters
Patent law: Federal Circuit clarifies application of collateral estoppel from IPRs
March 20, 2025 - In February 2025, the U.S. Court of Appeals for the Federal Circuit clarified when collateral estoppel might apply in a district court case following an invalidity determination by the Patent Trial and Appeal Board ("PTAB") in a parallel inter partes review (IPR). In Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359, 2025 WL 440509 (Fed. Cir. Feb. 10, 2025), Groupon filed two IPRs challenging 21 claims of the asserted patent. The PTAB found all the challenged claims to be unpatentable, a finding that was appealed to the Federal Circuit and affirmed by the court. After Groupon's IPR filing deadline had passed, Kroy amended its complaint in district court to allege infringement of 14 additional claims, none of which were challenged in Groupon's IPRs. Jumpstart your morning with the latest legal news delivered straight to your inbox from The Daily Docket newsletter. Sign up here. Groupon filed a Rule 12(b)(6) motion to dismiss arguing that the PTAB's IPR determinations collaterally estopped Kroy from asserting the additional 14 claims in district court. The district court agreed, finding that the PTAB's determinations have preclusive effect on any pending or co-pending district court actions involving the same claims. The court further determined that collateral estoppel applies to claims that were not previously adjudicated "if the differences between the unadjudicated claims and the adjudicated claims 'do not materially alter the question of invalidity.'" The court then found that the 14 additional claims were "immaterially different" from the claims that were found invalid by the PTAB, and granted the motion to dismiss. On appeal, the Federal Circuit disagreed. The court agreed that collateral estoppel applies under the following conditions: (1) the identical issue was previously adjudicated; (2) the issue was actually litigated; (3) the previous determination was necessary to the decision; and (4) the party being precluded from relitigating the issue was fully represented in the prior action. The court, however, noted that application of collateral estoppel is subject to various exceptions, one of which is that collateral estoppel does not apply "when the second action involves application of a different legal standard, such as a different burden of proof." The case at issue did not involve collateral estoppel from one district court to another, where invalidity would be determined under the same burden of proof. In district courts, invalidity of the newly asserted claims would be determined under the higher clear-and-convincing standard of proof. The Supreme Court established that invalidity in district court must be proven under the clear-and-convincing standard because a patent is "presumed valid" under 35 U.S.C. § 282. Microsoft Corp. v. I4I Ltd. P'ship, 564 U.S. 91, 102 (2011). However, in IPRs, Congress provided in 35 U.S.C. § 316(e) that a patent challenger must prove invalidity under the lower preponderance of the evidence standard of proof. Therefore, before the PTAB, Groupon established unpatentability of the challenged claims under the lower preponderance of the evidence standard. As the claims challenged in the IPR were found unpatentable under a different evidentiary standard, the Federal Circuit found that collateral estoppel was not available to estop Patent Owner from asserting other, unadjudicated claims in district court, even if they were deemed "immaterially different" from the claims found to be invalid by the PTAB. The Federal Circuit explained that "[t]o hold otherwise would deprive patent owners of their property right without first requiring proof of patent invalidity that satisfies the statutorily-prescribed clear and convincing evidence standard." While this decision certainly clarified when collateral estoppel does not apply, it leaves open some questions as to when it might still apply in the PTAB-to-district court context. Claim construction issues come to mind. The PTAB and district courts construe disputed terms under the same Phillipsv. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), standard. The court's holding in Kroy certainly suggests that collateral estoppel might well apply — at least because the issue is resolved under the same Phillips standard — in such circumstances assuming all other factors needed for collateral estoppel are met. This is certainly an area where practitioners should continue to monitor the relevant case law and adjust trial strategies as appropriate. This article reflects only the present personal considerations, opinions, and/or views of the authors, which should not be attributed to any of the authors' current or prior law firm(s) or former or present clients.
Yahoo
18-02-2025
- Business
- Yahoo
U.S. Patent Trial and Appeal Board Institutes Inter Partes Review Based on Geneoscopy's Petition Challenging Validity of a Second Patent Asserted by Exact Sciences
ST. LOUIS, February 18, 2025--(BUSINESS WIRE)--Geneoscopy, Inc., a life sciences company focused on developing diagnostic tests for the advancement of gastrointestinal health, today announced that the U.S. Patent Trial and Appeal Board (PTAB) has instituted inter partes review (IPR) of U.S. Patent No. 11,970,746 ("the '746 patent") owned by Exact Sciences. After reviewing Geneoscopy's petition, the supporting evidence, and Exact Sciences' arguments in response, the PTAB determined that Geneoscopy has shown a reasonable likelihood of prevailing on its assertion that the challenged claims of Exact Sciences' '746 patent are unpatentable as obvious over the prior art. Previously, the PTAB instituted an IPR to review the claims of another patent ('781 Patent) owned by Exact Sciences based on Geneoscopy's petition challenging the validity of the '781 Patent. Both decisions are publicly available on the PTAB website. "The PTAB's decision to institute an IPR against the '746 patent, following its July 2024 institution of an IPR against the '781 patent, means the PTAB has found it likely that both patents Exact Sciences has asserted in court against Geneoscopy are invalid," said Andrew Barnell, CEO and co-founder of Geneoscopy. "We are confident that the asserted claims of these patents are unpatentable. These decisions reinforce our position and pave the way for Geneoscopy's launch of ColoSense®, which will bring a new colorectal cancer screening option to the market to increase access to effective and convenient testing that has the potential to save lives." Geneoscopy filed its second IPR petition after Exact Sciences alleged infringement of the '746 patent in a lawsuit filed in the U.S. District Court for the District of Delaware. As with the first petition of the '781 patent, Geneoscopy explained that nothing in the '746 patent is inventive, the method is obvious, and the challenged claims are invalid. The PTAB's decision further strengthens Geneoscopy's defenses to Exact Sciences' allegations in the lawsuit. Geneoscopy has also filed a countersuit against Exact Sciences, alleging breach of contract, misappropriation of trade secrets, and various violations of state and federal law. About Geneoscopy, Inc. Geneoscopy, Inc. is a life sciences company focused on developing diagnostic tests for gastrointestinal health. Leveraging its proprietary, patented stool-derived eukaryotic RNA (seRNA) biomarker platform, Geneoscopy's mission is to empower patients and providers to transform gastrointestinal health through innovative diagnostics. The company's FDA-approved ColoSense test uses a proprietary RNA-based platform to screen for colorectal cancer and advanced adenomas for average-risk individuals over the age of 45. In partnership with leading universities and biopharmaceutical companies, Geneoscopy is also developing diagnostic tests for treatment selection and therapy monitoring in other areas of gastrointestinal health. For more information, visit and follow the company on LinkedIn. View source version on Contacts Media Contact Andrea SampsonSampson Public Relations Groupasampson@
