On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant)....more
Mayo Foundation v. Iancu reads more like an arithmetic problem than a Federal Circuit decision. The reason is the case involves the Patent Term Adjustment Act (PTA) (see 35 U.S.C. § 154(b)). ...more
INTRODUCTION AND BACKGROUND -
On April 1, 2019, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC (“Cleveland Clinic II”), the Federal Circuit Court affirmed the district court’s decision holding claims...more
On March 15, 2019, in Natural Alternatives International Inc. v. Creative Compounds LLC,[1] the U.S. Court of Appeals for the Federal Circuit reversed a judgment on the pleadings holding patent claims directed to methods of...more
In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete....more
On May 15, in Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., the U.S. District Court for the District of Delaware upheld two sets of method of treatment patents as claiming patent eligible subject matter under 35...more
On March 26, 2018, Judge Young in the District of Massachusetts ordered a certified copy of its opinion in the patent dispute between Shire, LLC (“Shire”) and Abhai, LLC (“Abhai”) to be sent to the general counsel of the Food...more
Introduction -
On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent eligibility under 35 U.S.C. § 101 of a method of treatment. ...more
On March 8, 2018, the Court of Appeals for the Federal Circuit, in Exergen Corp. v. Kaz USA, Inc., held that patent claims involving body temperature detection were directed to patent-eligible subject matter under § 101. The...more
On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more
On May 19, 2016, the U.S. Patent and Trademark Office issued a memorandum containing a summary of two recent Federal Circuit decisions along with a directive for how patent examiners should apply the holdings of the...more
On May 4, 2016, the United States Patent and Trademark Office (“USPTO”) published a memorandum to assist patent examiners (“Examiners”) in crafting subject matter eligibility rejections and analyzing applicant responses to...more
On May 4, 2016, the United States Patent Office published a subject matter eligibility update for determining patent eligibility under 35 U.S.C. § 101. The Update supplements the previous guidelines and includes additional...more
On Friday March 25, 2016, the U.S. Patent and Trademark Office introduced its new patent quality metrics and requested comments from stakeholders on how to further improve the proposed changes (“2017 Proposed Changes”). The...more
On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more
The United States Patent Office periodically issues guidelines for Examiners, often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish the specific...more
7/17/2014
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Patent Applications ,
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Patent-Eligible Subject Matter ,
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USPTO
The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish...more