Intellectual Property Science, Computers & Technology

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

U.S. Patent Office Provides Additional Examples of Eligible Subject Matter

After the Supreme Court case of Alice v. CLS Bank in 2014, the Patent Office has issued a series of examination guidelines and examples to guide examiners and patent practitioners in determining patent eligible subject...more

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

We wrote earlier about the Supreme Court’s renewed interest in patent eligibility and seemingly unintended confusion between the patent eligibility requirements of 35 U.S.C. § 101 and the remaining patentability requirements...more

FDA Approval for Medtronic’s Reveal LINQ ICM with TruRhythm Detection

On March 13, 2017, Medtronic announced FDA 510(k) clearance for its Reveal LINQ Insertable Cardiac Monitor (ICM) with TruRhythm Detection. Previously, Medtronic received Ministry of Health, Labor and Welfare approval for the...more

Quantity - Not Quality - Counts for Patent Infringement: More Than One Component of an Invention Must be Supplied for Patent...

The U.S. Supreme Court recently held in a recent decision in Life Technologies Corp v. Promega Corp. that the "supply of a single component of a multicomponent invention for manufacture abroad does not give rise to §...more

Supreme Court Holds Laches Is Not a Defense to Patent Infringement Damages

On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages...more

Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we...more

Abbvie Files Amicus Brief in Amgen V. Sandoz Supreme Court Case

On February 17, 2016, we reported that Amgen and Sandoz had both petitioned the U.S. Supreme Court for review of the Federal Circuit’s decision in Amgen v. Sandoz, each seeking to advance their respective positions on whether...more

In re Ethicon: Connecting Seemingly Unrelated Dots May Support An Obviousness Conclusion

Composition claims are often rejected as obvious over the combinations of prior art referenced, that separately claim the ingredients of the claimed combination. Moreover, often the disclosure of the claimed ingredients is in...more

Foreign Filing License in a Jiffy

Foreign filing licenses are pretty routine: file an application and (assuming the application is not marked by a security screener) with the filing receipt or another USPTO official notice, there will be an indication that a...more

Supreme Court Eliminates Laches Defense in Patent Cases

For decades, defendants accused of patent infringement could assert the defense of laches to eliminate damages that accrued before the patent owner sued if the plaintiff’s unreasonable delay in filing suit prejudiced the...more

Supreme Court eliminates key defense in many patent infringement suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), that delay by a patentee will not give rise to a...more

The Fate of Patent Laches: SOL

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

U.S. Supreme Court Diminishes Laches Defense in Patent Infringement Cases

On March 21, 2017, the U.S. Supreme Court confirmed that "laches" is not a defense to infringement during a statutory damages period set by Congress in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC....more

Alert: Supreme Court Creates New Test That Could Grant Broader Copyright Protection to Clothing Designs

On Wednesday March 22, 2017, the Supreme Court of the United States held that the decorative elements of a cheerleading uniform – zig-zags, stripes and chevrons – are protected under copyright law. In this 6-2 written...more

Amazon’s Latest Trademark Battle: A Race Against “Chime”

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other...more

Novartis Secures FDA Approval for Breast Cancer Drug Kisqali

On March 13, 2017, the use of Novartis cell cycle inhibitor Kisqali® (ribociclib, LEE011) in combination with an aromatase inhibitor was approved by the U.S. Food and Drug Administration as a first-line treatment for...more

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the...more

The Supreme Court Wipes Clean the Laches Defense in Certain Patent Cases

On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, wiping out the equitable defense of laches in some patent cases. In particular, where patent...more

Celltrion Files Two Additional Petitions for IPR on Genentech’s Trastuzumab Patents

Celltrion has filed petitions for inter partes review of two patents related to Genentech’s trastuzumab: IPR2017-01121, challenging U.S. Patent 7,846,441, and IPR2017-01122, challenging U.S. Patent 7,892,549. According to...more

Supreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits

One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay) cannot be invoked as a...more

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion...more

A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB

Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”). Over the past month, he received eleven final written decisions from the...more

Doctrine of Laches Does Not Apply to Patent Damages

The Supreme Court of the United States in a 7-1 decision held that patent defendants cannot assert the defense/doctrine of laches to shorten the six-year statute of limitations for damages claims for patent infringement. SCA...more

Supreme Court Decides SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

On March 21, 2017, the Supreme Court of the United States decided SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927, holding that a defendant cannot invoke laches against a damages claim asserted...more

PTAB Institutes Two IPRs in Hospira v. Genentech Avastin Dispute

Bevacizumab (Avastin®) is the subject of the widely watched “patent dance” dispute between Genentech and Amgen regarding Amgen’s proposed biosimilar. Hospira, however, (now owned by Pfizer) has chosen a different path in...more

8,834 Results
|
View per page
Page: of 354
Cybersecurity

Follow Intellectual Property Updates on:

"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.
×