Cleveland Clinic – Time to Purport an Inventive Concept in a Diagnostic...
As an introduction to this topic, please reread my post of July 5, 2017 about The Cleveland Clinic v. True Health Diagnostics, subtitled “Time to Redefine ‘Inventive Concept'”? The claim were directed...
View ArticleSeasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy
Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by...
View ArticleKNOWLES ELECTRONICS LLC V. CIRRUS LOGIC, INC.
Federal Circuit Summary Before Newman, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board Summary: The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in...
View ArticleJanssen’s Erleada Will be the First Participant in FDA’s Clinical Data...
On February 14, 2018, the U.S. Food and Drug Administration (FDA) approved Janssen Therapeutics’ Erleada (apalutamide), a non-steroidal antiandrogen for the treatment of castration-resistant...
View ArticleThe Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the...
View ArticlePTAB Grants Motion to Amend After Aqua Products
In Polygroup Lim ited v. Willis Electric Co., Ltd., IPR2016-01613, Paper 118 (Feb. 26, 2018), the PTAB granted the patent owner Willis Electric’s motion to amend a claim directed to lighted artificial...
View ArticleOTTAH V. FIAT CHRYSLER
Federal Circuit Summary Before Newman, Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York. Summary: General disclosures in the specification and statements that...
View ArticlePTAB holds Genentech’s antibody purification method claims unpatentable as...
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v....
View ArticleSenate Moves to Strip PTAB Sovereign Immunity Defenses
Preserving Access to Cost Effective Drugs (PACED) Act Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa),...
View ArticleU.S. to Have its Own Supply of the Most Commonly Used Medical Imaging Isotope...
Medical imaging isotopes are used to diagnose various diseases, such as cancer and coronary artery disease, and to evaluate brain, lung, kidney, and liver function. According to an U.S. Food and Drug...
View ArticleXeris’ Pharmaceuticals Glucagon Progresses Towards FDA Approval
Xeris Pharmaceuticals, Inc. (“Xeris”) recently announced successful completion of both adult and pediatric clinical studies for its glucagon rescue pen. According to Xeris’ President and CEO Paul...
View Articlein Share FDA Clears New Surgery Infection Control System
The FDA recently cleared Prescient Surgical’s CleanCisionTM Wound Retraction and Protection System (CleanCisionTM), a retractable device designed to prevent surgical site infection. According to...
View ArticleImproper Markush Rejection: The New Kid on the Patent Block
The U.S. Patent and Trademark Office (“USPTO”) quietly increased the examiners’ arsenal by slipping a new rejection into the latest revision of the Manual of Patent Examining Procedure (“MPEP”)...
View ArticleJohnson & Johnson Acquires French Surgical Tech Firm Orthotaxy
On February 20, 2018, Johnson & Johnson Medical Devices Companies announced the acquisition of Orthotaxy, a privately-held developer of software-enabled surgery technologies, including a...
View ArticleSIMPLEAIR, INC. v. GOOGLE, LLC.
Federal Circuit Summary Before Lourie, Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap. Summary: Filing a terminal disclaimer to...
View ArticleVintage or Protectable? Steve Madden Creates Waves for the Ark
Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag....
View ArticleExergen Corp. v. Kaz USA, Inc. – A Crack in the Patent Eligibility of...
In Exergen Corp. v. Kaz USA, Inc., Appeal No. 2016-2315, 2016-2341 (Fed. Cir., March 8, 2018) (Non-precedential). A panel of Moore, Bryson and Hughes (Hughes dissenting), upheld a district court...
View ArticleJury’s Award for Patent Infringement Increased to 3 Million for Infringing...
Patent Judgments & Awards On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc....
View ArticleRecent Federal Circuit Decisions Emphasize Effect of Factual Questions on...
In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkh eimer v. HP Inc. and the second was...
View ArticleStandard Patent Prosecution Practices Invite Collateral PTAB Damage
Continuation Applications & Terminal Disclaimers: Infectious Estoppel Patent owner estoppel is codified by Patent Trial & Appeal Board (PTAB) regulation (37 C.F.R. § 42.73(d)(3)(i)). This rule...
View Article
