Fashion Week Precautions & IP Misconceptions
Fashion Week San Diego is this weekend—one of the few fashion shows open to the fashion industry and the general public! Fashion shows are exhilarating. As an intellectual property (“IP”) attorney,...
View ArticleUCB, Inc. v. Accord Healthcare, Inc. – Can a Racemic Mixture be a “Lead...
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman...
View ArticleYEDA RESEARCH AND DEVELOPMENT CO., LTD. V. MYLAN PHARMACEUTICALS INC. & TEVA...
Federal Circuit Summary Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary:...
View ArticleHow Unpredictable is the Alice Analysis?
Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101. For...
View ArticleYeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art”
The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and...
View Article101 PTAB Challenges Might Come Back to Haunt Your Parallel Litigation
Leveraging PTAB 101 Determinations in Parallel Litigation Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which...
View ArticleFederal Circuit Further Expands the Role of Factual Questions in Section 101...
In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since...
View ArticlePTAB Estoppel May Not Stick at ITC
ITC Staff Attorney Not Bound by Estoppel Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent owners...
View ArticleFDA & DHS Coordinate Efforts to Address Cybersecurity
The U.S. Food and Drug Administration (FDA) announced an agreement with the U.S. Department of Homeland Security (DHS) to strengthen the partnership between the agencies and “stay a step ahead of...
View ArticlePTAB Proposes Changes to Amendment Practice
Pilot Program Would Provide for Separate Briefing and Board Feedback The USPTO has published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings....
View ArticleCONVERSE, INC. v. ITC
Federal Circuit Summary Before Judges Dyk, O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary: Registered trade dress carries a presumption of secondary...
View ArticlePTAB Adopts Phillips Standard for Claim Construction in AIA Proceedings
On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB). In...
View ArticleHow to Fix the PTAB’s Amendment Problem
New Proposal May Only Amplify Current Amendment Criticisms A few weeks back, the USPTO published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial...
View ArticleThe USPTO’s Director Iancu Discusses Options for § 101 Reform
For both patent Applicants and Patent Office Examiners, the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision has created ongoing uncertainty as to the proper scope of subject matter...
View ArticleACCELERATION BAY, LLC v. ACTIVISION BLIZZARD INC.
Federal Circuit Summary Before Prost, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Omitting a transition phrase between the preamble and the body of a claim does not...
View ArticleUpdates to the Law on Cloning
It was recently reported that China had successfully cloned a 12-year old schnauzer — the most recent of over 20 dog breeds successfully cloned by the nation so far. (1) "Doudou" the schnauzer was...
View ArticleKumar v. Iancu – The Dangers of an Overstuffed Preamble/Note on 37 CFR Part 4.
On November 7, 2018, the Fed. Cir. issued a summary affirmance of the PTAB’s interference decision of September 6, 2016, in Kumar v. Sung (Patent Interference 14/322,039) which found that the claims...
View ArticleARISTA NETWORKS, INC. v. CISCO SYSTEMS, INC.
Federal Circuit Summary Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor...
View ArticleFDA Approves Marketing of Self-Fitting Hearing Aid
The U.S. Food and Drug Administration recently announced approval for Bose to market their Bose Hearing Aid. According to the press release, the Bose Hearing Aid, which was approved through the FDA’s...
View ArticleIn Re Oath Holdings Inc.
Federal Circuit Summary Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary: In a case pending before TC...
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