Andrew Tauber

US Supreme Court Issues Opinion in Kappos v. Hyatt
Andrew Tauber, April 26, 2012
When the United States Patent and Trademark Office (“PTO”) denies an application for a patent, the applicant may seek judicial relief in two different ways. The applicant may obtain review directly in the Federal Circuit (pursuant to 35 U.S.C. § 141) or, in the alternative, the...

Fourth Circuit Rules that Federal Law Preempts State-Law Claims Arising from Alleged Malfunction of Medical Device that Complied with FDA Requirements
Daniel L. Ring,Andrew Tauber, February 2, 2012
In Walker v. Medtronic, Inc., No. 10-2219, ---F.3d--- (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had...

Supreme Court Decision Affirms Federal Circuit’s Interpretation of Section 282 of the Patent Act, 35 U.S.C. § 282
Andrew Tauber, June 13, 2011
In a decision that largely maintains the status quo but is nevertheless of considerable interest to patent holders and patent users, the Supreme Court held that to establish a patent-invalidity defense an alleged infringer must prove the patent’s invalidity by “clear and...