Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

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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

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

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Amarantus Bioscience Holdings, Personalis, Inc., and...

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

9/16/2015 - Amicus Briefs AMP v Myriad Claim Construction CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Sandoz' NEUPOGEN® Biosimilar Now on the Market

Sandoz is having a good year. The company succeeded in having their NEUPOGEN® (filgrastrim) biosimilar product, Zarxio™, approved by the FDA in March, a mere ten months after filing its biosimilar application last July. The...more

9/8/2015 - Biosimilars BPCIA Injunctions Patent Dance Patent Infringement Patent Litigation Patents Pharmaceutical Patents Physicians Sandoz Sandoz v Amgen

Federal Circuit Lifts Injunction Against Sandoz

Sandoz successfully (at least for now) has overcome conventional wisdom, the plain language of the Biologics Price Competition and Innovation Act (BPCIA) (or, at least those provisions regarding patent litigation) and Amgen...more

9/3/2015 - Biologics Biosimilars BPCIA FTC FTC v Actavis Injunctions Patent Infringement Patent Litigation Patents Pharmaceutical Patents Sandoz Sandoz v Amgen SCOTUS

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

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

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

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