The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and...more
We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more
4/9/2024
/ Abstract Ideas ,
Claim Construction ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Life Sciences ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Public Use ,
Section 101 ,
Section 112 ,
USPTO
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more
4/25/2023
/ Abbreviated New Drug Application (ANDA) ,
Administrative Procedure Act ,
Appeals ,
Claim Construction ,
Final Written Decisions ,
Indefiniteness ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Interference Proceeding ,
Laches ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Section 101 ,
Section 103 ,
Section 112 ,
Summary Judgment ,
Summary Proceedings ,
Technology ,
Transfer of Venue ,
USPTO
On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry...more
10/5/2022
/ Artificial Intelligence ,
Biotechnology ,
Emerging Technologies ,
Innovative Technology ,
Inventions ,
Machine Learning ,
Patent Applications ,
Patent Ownership ,
Patents ,
Popular ,
USPTO
In a recent decision from the U.S. District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary...more
A Federal Circuit panel on Tuesday vacated its earlier finding that Teva induced infringement of U.S. Patent No. RE40,000, GSK’s patent covering its drug, Coreg®, and set a new round of oral argument for February 23. Back in...more
This follows the blog article posted November 28, “Connection and Innovation Take Center Stage at the Patient ENGAGE Conference” and is the second feature regarding the MedCity ENGAGE conference Nov. 6-7 in San Diego. Here,...more
We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more
3/27/2018
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Former Employee ,
Immunity ,
Inevitable Disclosure Doctrine ,
Misappropriation ,
Preliminary Injunctions ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblowers
Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more
7/22/2016
/ Asset Seizure ,
Common Law Torts ,
Defend Trade Secrets Act (DTSA) ,
Former Owners ,
Immunity ,
Inevitable Disclosure Doctrine ,
Misappropriation ,
Ownership Rules ,
Preemption ,
State Law Tort Claims ,
Trade Secrets ,
UTSA ,
Whistleblowers
Modern innovation typically occurs one step-improvement at a time. Some clients initially question whether their new application of an existing technology is patentable. Usually, the answer is ‘yes.’ Under U.S. law (and most...more
Summary On December 15, 2014, the U.S. Patent and Trademark Office (PTO) released its updated 2014 Interim Guidance on Patent Subject Matter Eligibility (the “Interim Eligibility Guidance”) in light of the recent Supreme...more