Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. (Fed. Cir. 2016)

The Federal Circuit affirmed a decision of obviousness, and that a patentee not be able to amend claims in an inter partes review proceeding, in an opinion handed down January 29th in Illumina Cambridge Ltd. v. Intelligent...more

2/5/2016 - America Invents Act Burden-Shifting Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board SCOTUS

CRISPR Interference Declared

CRISPR (an acronym for Clustered Regularly lnterspaced Short Palindromic Repeats), which is part of a system for altering chromosomal sequences in situ in a cell in combination with a bacterially derived protein called Cas9,...more

1/29/2016 - DNA First-to-Invent Interference Proceeding Patent Applications Patent Litigation Patent Trial and Appeal Board Reduction to Practice USPTO

Q&A from Webinar on Top Patent Law Stories of 2015

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more

1/22/2016 - America Invents Act Chevron Deference CLS Bank v Alice Corp En Banc Review Limelight v Akamai Patent Infringement Patent-Eligible Subject Matter Patents Sandoz v Amgen Section 101 Sequenom USPTO

Cuozzo Speed Technologies, LLC v. Lee

The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review...more

1/19/2016 - Administrative Appeals Appeals Broadest Reasonable Interpretation Standard Certiorari Claim Construction Cuozzo Speed Technologies Inter Partes Review Proceedings Judicial Review Patent Trial and Appeal Board Patents SCOTUS Statutory Authority

Cubist Pharmaceuticals, Inc. v. Hospira Inc. (Fed. Cir. 2015)

Mistakes happen; there is even a book, entitled Human Error, that discusses how and why they happen. The Federal Circuit addressed the consequences of human error (or perhaps more accurately, instances where there was a...more

12/30/2015 - ANDA Claim Construction Eli Lilly Hospira Patent Infringement Patent Invalidity Reissue Patents Written Descriptions

Merck & Cie v. Gnosis S.P.A. (Fed. Cir. 2015)

As she has done many times before (and so many times that she has been unfairly characterized as a scold on the Federal Circuit), Judge Lorraine Newman dissented from the panel majority decision affirming an obviousness...more

12/18/2015 - Administrative Procedure Act Agency Deference Inter Partes Review Proceedings Merck Obviousness Patent Trial and Appeal Board Substantial Evidence Standard

In re Commonwealth Scientific & Industrial Research Organization, Bayer Cropscience NV (Fed. Cir. 2015)

Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents Act, but they are not...more

12/16/2015 - America Invents Act Interference Claims Patent Litigation Patent Trial and Appeal Board USPTO

Federal Circuit Denies Rehearing En Banc in Ariosa v. Sequenom

The Federal Circuit declined to rehear en banc the panel decision in Ariosa v. Sequenom. This decision was not surprising but what may be surprising was that only three judges wrote opinions, one in dissent (Judge Newman)...more

12/3/2015 - Abstract Ideas AMP v Myriad Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Precedential Opinion Preemption SCOTUS Sequenom

Momenta Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA Inc. (Fed. Cir. 2015)

The question of the extent to which the "safe harbor" against infringement as part of the Hatch-Waxman Act (set forth in 35 U.S.C § 271(e)(1)) extends to activities post-generic drug approval is unresolved, as evidenced by...more

11/30/2015 - Biogen Idec Classen Immunotherapies Generic Drugs Hatch-Waxman Patent Infringement Patent Litigation Safe Harbors Teva Pharmaceuticals

Prometheus Labs., Inc. v. Roxane Labs., Inc. (Fed. Cir. 2015)

The Federal Circuit affirmed a judgment of invalidity based on obviousness in a decision rendered in Prometheus v Roxane. In doing so, the Court might also have given an indication of the types of claims for "personalized...more

11/13/2015 - ANDA Obviousness Patent Infringement Patent Invalidity Patent Litigation Personalized Medicine Prometheus Roxane Laboratories

What Are the IP Provisions of the TPP?

The Obama Administration released the approved text of the Trans Pacific Partnership (TPP) agreement last week, and it is substantially (and perhaps entirely; there has not been sufficient time to compare) the same as the...more

11/10/2015 - Biologics Intellectual Property Protection Pharmaceutical Patents Trans-Pacific Partnership TRIPS Agreement

National Geographic Considers Technology and Its Threat to Humanity

Progress, and faith in progress to improve human lives, has been a cornerstone belief in American civilization (and, indeed, Western civilization generally, at least since St Augustine argued that Christ's death put an arrow...more

11/3/2015 - AIDS Alzheimer's Biotechnology Cancer Innovation Intellectual Property Protection Patents Personalized Medicine

7 Popular Patent Law Writers to Follow Right Now

A shortlist of JD Supra writers covering the many complex issues of Patent Law and featured here for a number of reasons, including that they recently authored popular work in this realm....more

10/29/2015 - Corporate Counsel Legal Perspectives Patents Popular Young Lawyers

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

10/29/2015 - America Invents Act Anti-Patent Trolls Apple Electronic Frontier Foundation Injunctions Innovation Inventors Licensing Rights New York Times Non-Practicing Entities Patent Infringement Patent Litigation Patent Trolls Patents Universities

Federal Circuit Denies En Banc Petition in Amgen v. Sandoz

The Federal Circuit today denied the petitions for rehearing by the panel and rehearing by the en banc Court filed by both parties in Amgen v. Sandoz. Amgen had petitioned for rehearing on the panel's decision that the...more

10/19/2015 - Amgen Biosimilars BPCIA Disclosure Requirements En Banc Review FDA Approval Notice Requirements Patent Infringement Patent Litigation Patents Petition For Rehearing Petition for Writ of Certiorari Pharmaceutical Patents Sandoz Sandoz v Amgen SCOTUS

What May Be the IP Provisions of the Trans Pacific Partnership Agreement

The diplomats negotiating the Trans Pacific Partnership (TPP) agreement have done the seemingly impossible: they have kept the details of the draft agreement secret from the press and interested parties in the United States,...more

10/16/2015 - AMP v Myriad Biologics BPCIA CLS Bank v Alice Corp Copyright Fast Track Process GATT Innovation Intellectual Property Protection Mayo v. Prometheus Obama Administration Patent-Eligible Subject Matter Patents Popular SCOTUS Trademarks Trans-Pacific Partnership TRIPS Agreement WTO

Spectrum Pharmaceuticals Inc. v. Sandoz Inc. (Fed. Cir. 2015)

Last week the Federal Circuit affirmed a District Court's finding of invalidity and non-infringement in ANDA litigation between Spectrum Pharmaceuticals and Sandoz. In so doing, the Court deferred to the factual...more

10/15/2015 - ANDA De Novo Standard of Review Doctrine of Equivalents Estoppel FDA Approval Generic Drugs Obviousness Orange Book Patent Infringement Patent Invalidity Patent Litigation Patents Pharmaceutical Patents Prescription Drugs Prior Art Sandoz

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

10/7/2015 - America Invents Act AMP v Myriad CMS Congressional Reports Diagnostic Tests DNA Exclusive Licenses Genetic Testing Health Insurance Healthcare Innovation Mayo v. Prometheus Patents Public Disclosure SCOTUS USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: JYANT Technologies, Inc.

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/30/2015 - Amicus Briefs AMP v Myriad En Banc Review Intellectual Property Protection Mayo v. Prometheus Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Novartis AG

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/24/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Intellectual Property Protection Mayo v. Prometheus Novartis Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Pharmaceutical Patents Prior Art SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Paul Gilbert Cole

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/23/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Prior Art SCOTUS Sequenom TRIPS Agreement USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/21/2015 - America Invents Act Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review EPO Intellectual Property Protection Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: WARF, Marshfield Clinic, and MCIS, Inc.

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/18/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Prior Art SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: BIO and PhRMA

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/17/2015 - Amicus Briefs AMP v Myriad Biotechnology CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing PHRMA SCOTUS Sequenom USPTO

Supreme Court Maintains Licensing Status Quo in Kimble v. Marvel Entertainment, LLC

A bedrock principle of U.S. patent law is that the patent grant comprises a quid pro quo. In exchange for a limited term of exclusivity (presently, twenty years from the earliest filing date), the patented invention is placed...more

9/16/2015 - Brulotte Kimble v Marvel Enterprises License Agreements Patent Expiration Patent Infringement Patent Litigation Patent Royalties Patents Quid Pro Quo SCOTUS Stare Decisis

231 Results
|
View per page
Page: of 10

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×