The Cleveland Clinic v. True Health Diagnostics LLC – Time to Redefine...
Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was...
View ArticleEx Parte Hafner Provides Clarity in Assessing Patent Subject Matter...
Written by Keith Lim and Maria Anderson Note: an Addendum has been added to this previously published article. In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board...
View ArticleNew York City Makes a Push to Become a Life Sciences Hotspot
Written by Jeffrey C. Wu, Ph.D. and Brenden S. Gingrich, Ph.D. New York City took a step toward its goal of becoming a life sciences hub with a $5 million grant from the mayor’s office to...
View ArticleDevelopments in IPR Remands from the Federal Circuit During the First Half of...
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016....
View ArticleHow to Avoid Mutilating Your Trademark
Written by Jeff Van Hoosear and Jonathan Menkes Edited by Catherine Holland In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark...
View ArticleSettlement 5 Days Before Final Written Decision Deadline Results in...
Written by Vikas Bhargava and Kerry S. Taylor, Ph.D. In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB...
View ArticleMulti-level Encryption Patent Survives § 101 Challenge in District Court
Written by Chang Lim and Michael L. Fuller Introduction On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent...
View ArticlePatexia Chart 38: Patent Litigation Down 14 Percent While IPR Up 31 Percent...
In the first half of 2017, we saw a continued decline in patent litigation. District court litigation was down 14 percent to 2,039, compared to 2,482 in the first half of 2016. As for quarterly...
View ArticleLack of Clarity for Reason for Denying Permanent Injunction Results in Remand
In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration. The jury found U.S....
View ArticlePatent Owners Starting to Get the Last Word at the PTAB
Patent Owner Sur-Replies on the Uptick Back in June of 2016, the Federal Circuit issued its opinion in Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical Inc.(here). At the time I explained...
View ArticleCelgard Urges Supremes to Condemn Judgments Without Opinions
Previous posts (e.g., here, here and here) discussed the patent enforcement activity of Celgard, a North Carolina company that manufactures specialty membranes and separators for lithium ion...
View ArticleHouse IP Subcommittee Slams "Reprehensible" EDTX
Judge Gilstrap Singled Out in Congressional Hearing as Defying SCOTUS Yesterday, the House IP Subcommittee on the Courts, Intellectual Property and the Internet conducted a hearing entitled: The...
View ArticleFederal Circuit Finds That Fetal Diagnosis Claims Survive Written Description...
Written by Scott Siera, Ph.D. and Michael L. Fuller Stanford University v. The Chinese University of Hong Kong. Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the...
View ArticleMeow- Copycat Fur and Bows - Forever 21 Stares Down Puma
Written by Nicole R. Townes and Catherine Holland Edited by Jeff Van Hoosear As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the...
View ArticleCAFC Finds Forfeit of Half-Win Before PTAB
Failure to Argue Differing Claim Language of Similar Claims Haunts Appellant PTAB practitioners must always be mindful of the Board's longstanding practice to treat grouped claims as standing or...
View ArticleThe PTAB Grants the University of Minnesota Sovereign Immunity but does not...
Written by Peter Law and Kerry Taylor, Ph.D. The PTAB has again addressed sovereign immunity in the context of an IPR. Reactive Surfaces, LTD. petitioned for IPR of U.S. Patents No. 8,394,618 and...
View ArticleMillennium Pharm. v. Sandoz, Inc. – Revenge of the Chemical Judges
In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior...
View ArticleWhat the *TM*?!?! The Disparagement Clause has been Bleeped.
Written by Loni Morrow, Vicki Nee and Susan Natland Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the...
View ArticleJanssen Biologic Tremfya Secures FDA Approval Following Use of Priority...
Written by Marc Chatenay-Lapointe, Ph.D. and Jason Jardine On July 13, 2017, the U.S. Food and Drug Administration approved Tremfya (guselkumab), a biologic manufactured by Janssen Biotech, for the...
View ArticleDistrict Court Awards Attorney’s Fees after Holding That Plaintiff Had...
Written by Scott Forbes and Andrew Schwaab In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. §...
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