Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

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Amici Support Sequenom's Petition for Rehearing En Banc

The Federal Circuit's Ariosa v. Sequenom decision handed down earlier this summer marked the apex (or nadir, according to your prejudices) of the current trend to limit the scope of patent eligible subject matter. On August...more

8/31/2015 - Amicus Briefs En Banc Review Intellectual Property Protection Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Sequenom

Octopus Genome Sequenced

Invertebrate zoology is in many ways the most comprehensive survey course on biology, encompassing most multicellular life on the planet. (Indeed, the study of the Order Coleoptera alone, comprising the beetles, would...more

8/28/2015 - DNA Genetic Materials Genome Project Life Sciences Scientific Research

Views from the Director's Office on Post-Grant Reviews by the PTAB

Director of the U.S. Patent and Trademark Office and Under Secretary of Commerce Michelle Lee took the occasion of the release of the revised PTAB Guidances last Thursday to provide the patent community with some statistics...more

8/28/2015 - America Invents Act CAFC Covered Business Method Proceedings Guidance Update Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Post-Grant Review

PTAB Denies Inter Partes Review Petitions Against Two Acorda Patents

One of the statistics gleaned from Director Michelle Lee's recent blog on the post-issuance review provisions of the America Invents Act is that only 42% of inter partes review petitions have been granted over the past three...more

8/25/2015 - Abuse of Process America Invents Act Inter Partes Review Proceedings Obviousness Patent Infringement Patent Invalidity Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Patents Pharmaceutical Patents Prior Art

Kimble v. Marvel Entertainment, LLC (2015)

In the 1977 Yale Law School Holiday Pageant there was a skit about the Supreme Court, with a song sung to the tune of Cole Porter's "Another Opening, Another Show" from the musical Kiss Me Kate... ...That parody...more

8/21/2015 - Brulotte Comics Kimble v Marvel Enterprises License Agreements Marvel Comics Patent Expiration Patent Royalties Patent-Eligible Subject Matter SCOTUS Stare Decisis

Federal Circuit Defines Joint Tortfeasor Infringement Liability in Akamai v. Limelight

The Federal Circuit issued a unanimous en banc decision yesterday regarding when joint tortfeasors may be held liable for literal infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. In its opinion, the court...more

8/17/2015 - Covered Business Method Patents Direct Infringement Induced Infringement Joint Tortfeasors Limelight v Akamai Patent Infringement Patents

Federal Circuit Delivers En Banc Opinion in Akamai v. Limelight

The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a...more

8/14/2015 - Direct Infringement En Banc Review Induced Infringement Joint Infringement Limelight v Akamai Patent Infringement Patents Petition For Rehearing Remand Section 271

Rep. Goodlatte Releases Report on H.R. 9

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

8/5/2015 - America Invents Act Claim Construction Fee-Shifting Innovation Act OTDP Patent Infringement Patent Reform Patent Terms Patent Trial and Appeal Board Patent Trolls Patents Pending Legislation Pleading Standards Post-Grant Review USPTO

Biotech-specific Subject Matter Eligibility Materials Delayed

Pursuant to the Notice published in the Federal Register today, the U.S. Patent and Trademark Office provided additional materials related to the Office's interpretation of what does (and what does not) satisfy the subject...more

7/31/2015 - Biotechnology CLS Bank v Alice Corp Patent-Eligible Subject Matter Section 101 USPTO

New Update on Subject Matter Eligibility to be Published on July 30th

The U.S. Patent and Trademark Office will publish a Notice on July 30th that the Office is updating their procedures for determining subject matter eligibility. The update will contain three appendices.....more

7/30/2015 - Patent Examinations Patent-Eligible Subject Matter Patents USPTO

Federal Circuit Interprets Biosimilars Law in Amgen v. Sandoz

In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA or Act) in Amgen Inc. et al. v. Sandoz Inc. In doing so, the court limited the...more

7/22/2015 - Amgen Biologics Biosimilars BPCIA Disclosure FDA FDA Approval Generic Drugs Patent Infringement Patent Litigation Patents Pharmaceutical Patents Sandoz Sandoz v Amgen

The Medicines Company v. Hospira (Fed. Cir. 2015)

There have been many voices raised in recent years against the patent system for a variety of political, policy, or personal reasons. Indeed, there is even a book entitled Don't File a Patent that sets out the authors'...more

7/15/2015 - ANDA Appeals Drug Manufacturers FDA FDA Approval Generic Drugs On-Sale Bar Patent Infringement Patent Invalidity Patent Litigation Patent Term Extensions Patents Pharmaceutical Manufacturers Pharmaceutical Patents Reversal USPTO

King Drug Co. of Florence, Inc. v. SmithKline Beecham Corp. (3rd Cir. 2015)

Ever since the Supreme Court's decision in FTC v. Actavis in 2013, courts (predominantly district courts) have grappled with the scope of the decision. It was evident that the presence of a large cash payment from the...more

7/1/2015 - Actavis Inc. ANDA FTC FTC v Actavis Generic Drugs Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs Reverse Payment Settlement Agreements Rule-of-Reason Analysis SmithKline Beecham

G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015)

Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is...more

6/25/2015 - ANDA Drug Manufacturers Generic Drugs Infringement Obviousness Patent Infringement Patent Invalidity Patent Litigation Patents Pfizer Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents Prescription Drugs

Ariosa Diagnostics, Inc. v. Sequenom, Inc. (Fed. Cir. 2015)

Disaster survivors, and even people who just hear about a disaster, are often first overwhelmed by it; they can only rationally process its significance after some time. During that time they overcome the initial visceral...more

6/23/2015 - DNA Intellectual Property Litigation Myriad-Mayo Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents Section 101 Sequenom

Senate Judiciary Committee Passes PATENT Act

The Senate Judiciary Committee passed the Protecting American Talent and Entrepreneurship Act (S. 1137, otherwise known as the PATENT Act) yesterday on a vote of 12-4, with Senators Grassley (R-IA), Hatch (R-UT), Sessions...more

6/5/2015 - ANDA Innovation Act PATENT Act Patent Reform Patents Pharmaceutical Pharmaceutical Manufacturers Startups

Koepsell and Noonan on Gene Patenting

In 2009, the first edition of Dr. David Koepsell's book "Who Owns You: The Corporate Gold Rush to Patent Your Genes" was published. With the second edition of his text about to be published, Dr. Koepsell allowed Patent Docs...more

5/29/2015 - BRCA DNA Gene Patenting Myriad Myriad-Mayo Patent-Eligible Subject Matter Patents

Commil USA, LLC v. Cisco Systems, Inc. (2015)

The Supreme Court handed down its decision in Commil USA, LLC v. Cisco Systems, Inc. today and in doing so reprised several themes that have emerged over the past decade of the Court's activist approach to patent law. The...more

5/27/2015 - Cisco v CommilUSA Frivolous Lawsuits Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents Sanctions SCOTUS

Biogen MA, Inc. v. Japanese Foundation for Cancer Research (Fed. Cir. 2015)

The Federal Circuit affirmed a decision by the U.S. District Court for the District of Massachusetts that it lacked subject matter jurisdiction under 35 U.S.C. § 146 pursuant to changes in the statute provided by the...more

5/20/2015 - America Invents Act Biotechnology First-to-File First-to-Invent Interference Proceeding Patent Trial and Appeal Board Patents Pharmaceutical Pharmaceutical Manufacturers Subject Matter Jurisdiction

Genes Associated with ALS Identified

One of the promises of the Human Genome Project was that knowledge of the entirety of the human genetic complement would permit researchers to identify genetic bases for diseases that had been intractable to conventional...more

5/13/2015 - DNA Human Genome Project Medical Research Pharmaceutical

FDA Releases "Final" Guidances for Industry regarding the Biosimilar Approval Pathway

About three years ago, and less than two years after Congress passed and President Obama signed the Biologics Price Competition and Innovation Act (BPCIA) into law, the U.S. Food and Drug Administration issued a series of...more

5/12/2015 - Biosimilars BPCIA FDA Final Guidance Pharmaceutical Manufacturers Pharmaceutical Patents Sandoz

Amgen Wins Injunction against Neupogen® Biosimilar Pending Appeal

The Federal Circuit has granted Amgen’s emergency motion for an injunction against Sandoz, preventing that company from marketing, selling, offering for sale, or importing into the United States its FDA-approved ZARXIO®...more

5/7/2015 - Amgen Appeals Biosimilars BPCIA Patent Litigation Patents Pharmaceutical Patents Preliminary Injunctions Sandoz v Amgen

U.S. Trade Representative Issues 2015 Special 301 Report

On April 30th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR) issued the 2015 Special 301 Report. According to the USTR website, "[m]ade-in-America exports are an essential source of economic growth and...more

5/1/2015 - Exports Global Economy Global Marketplace Information Reports Job Creation Trade Relations

Biosig Instruments, Inc. v. Nautilus, Inc. (Fed. Cir. 2015)

The Federal Circuit considered the question of indefiniteness on remand from the Supreme Court's reversal in Nautilus v. Biosig and, perhaps not surprisingly, found again that the Biosig's claims were not indefinite....more

4/28/2015 - Indefiniteness Intellectual Property Litigation Medical Devices Nautilus Inc. v. Biosig Instruments Patent Litigation Patents

Fine-structure Genetic Mapping of Human Population in Britain

One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed...more

4/27/2015 - DNA Human Genome Project Scientific Research UK

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