PTAB Avoids Triggering Estoppel by Issuing Concurrent Final Written Decisions
Written by Scott Raevsky and Mark Rubinshtein, Ph.D. The Patent Trial and Appeal Board issued concurrent final written decisions upholding the validity of all challenged claims of U.S. Patent No....
View ArticleNovartis Secures FDA Approval for Breast Cancer Drug Kisqali
Written by Marc Chatenay-Lapointe, Ph.D. and Jing Liu, Ph.D. On March 13, 2017, the use of Novartis cell cycle inhibitor Kisqali® (ribociclib, LEE011) in combination with an aromatase inhibitor was...
View ArticleOh Diehr Me, Another Case With Patent Eligible Subject Matter
In Thales Visionix, Inc., v. U.S., [2015-5150] (March 8, 2017), the Federal Circuit reversed the U.S. Court of Federal Claims (“Claims Court”) determination that the claims of U.S. Patent No....
View ArticleBoard Denies Kyle Bass Challenge Against Biogen’s Tecfidera® Patent In View...
Written by Linda Xu and Kerry S. Taylor, Ph.D. The PTAB issued a Final Written Decision finding that Biogen’s patent on treating Multiple Sclerosis (“MS”) with a certain dose amount was not obvious...
View ArticleWeekly Chart 33: How Long is the Rehearing Wait in AIA Trial Proceedings?
How Long is the Rehearing Wait? A Petition for Rehearing may be filed in an AIA Trial Proceeding to challenge an Institution Decisions (ID) or a Final Written Decision (FWD) of the Patent Trial &...
View ArticleSupreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits
One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay)...
View ArticleThese Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a...
Written by Rebecca L. Wright, Ph.D. and Jonathan Hyman Edited by Loni Morrow and Catherine Holland Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern...
View ArticlePTAB Preliminary Response Evidence Remains Unpopular
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee...
View ArticlePTAB Applies Collateral Estoppel to Exclude Purported Patent Owner
Written by Scott Raevsky and David Schmidt, Ph.D. The PTAB issued an order applying collateral estoppel to determine that one purported owner of U.S. Patent 7,215,752 and U.S. Patent 7,844,041 (the...
View ArticleSupreme Court and Precedential Federal Circuit Patent Cases
In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the...
View ArticleThe Federal Circuit Finds Broad Claims to Be Patent Eligible because the...
Written by Eric Y. Zhou and Vlad Teplitskiy Nearly 40 years ago, the Supreme Court held in Diamond v. Diehr that while patent claims directed solely to abstract ideas, such as mathematical formulas,...
View ArticleHow Technical Must an Improvement be to Survive 101?
Written by Fred Nicholson and Cheryl T. Burgess The technical nature of a claimed improvement is central to the evaluation of claims under 35 U.S.C. § 101. Two recent district court opinions...
View ArticleOregon Bill Would Create Trespass Cause of Action for Landowners Against GMO...
Written by Rebecca L. Wright, Ph.D. and Eric Furman, Ph.D. In an ongoing set of disputes in Oregon between farmers and corporations that hold GMO patents, farmers may be given a new tool. Oregon House...
View ArticleClean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in January and February in the areas of advanced batteries, waste-to-energy feedstocks, energy-efficient exercise equipment, and LEDs. Advanced Batteries...
View ArticleABA-IPL Section Proposes Amendments to s. 101 – Too much of a “Good Thing”?
The ABA-IPL Section sent proposed amendments to PTO Director Lee intended to lessen the burden on patent applicants encountering the Mayo/Alice Rules for patent-eligible subject matter. The proposed...
View ArticlePTAB Considers What Constitutes “By Another” Under § 102(e) in Determining...
Written by Benjamin Anger and Vikas Bhargava In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a...
View ArticleIn Rare Final Written Decision for “Anti-Troll” Group, Lack of Expert...
Written by Mark E. Davis and Ben J. Everton Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s...
View ArticleFinal Thoughts on Patent Laches
Guest Post: SCA v. First Quality With TC Heartland still on deck a the Supreme Court, a look back at the Court's most recent patent decision SCA v. First Quality by guest poster, Gary Cohen. Some of...
View ArticlePuma Treads New Territory Hitting Forever 21 with Copyright Allegations after...
Written by Loni Morrow and Jonathan Hyman Edited by Catherine Holland On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due...
View ArticlePTAB Grants Rare Motion to Amend
Written by Daniel A. Kamkar and Nathanael Luman, Ph.D. The PTAB issued a Final Written Decision in Amerigen Pharm. Ltd. v. Shire LLC, IPR2015-02009, Paper 38 (P.T.A.B. March 31, 2017) granting a rare...
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