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U.S. Patent and Trademark Office Clarifies “Patent Eligible Subject” Matter in its Recent Guidance in Light of Alice

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

Some Human Embryonic Stem Cells Are Once Again Patent-eligible in Europe

Last Thursday, the European Court of Justice rendered a decision in International Stem Cell (ISCO) Corporation v. Comptroller General of Patents, Designs and Trademarks (UK) that significantly modified the landscape for human...more

Court Grants Motion To Dismiss Allegations Against P.F. Chang’s

In a seven-page opinion, the U.S. District Court for the Northern District of Illinois granted P.F. Chang’s motion to dismiss claims brought by two of its customers alleging that P.F. Chang’s failed to comply with reasonable...more

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

The Patent Office Clarifies the Ban on Patenting Naturally-Derived Drugs and Other Products

Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural...more

The Sony Pictures Entertainment, Inc. Scandal Serves as a Warning to Employers About Computer Security

In recent days, the scandal with Sony Pictures Entertainment, Inc. went from an embarrassing tabloid scandal to a possible terrorist threat. The breach also has impacted thousands of current and former employees....more

Federal Circuit Reverses Judgment for Willful Infringement

Through its recent decision in Stryker Corp. v. Zimmer, Inc., the Federal Circuit gave Zimmer an early Christmas gift worth approximately $140 million by reversing a district court’s determination of willfulness and vacating...more

An Early Test for the USPTO’S Eligibility Analysis

Just last week, the USPTO released its revised subject matter eligibility guidance (2014 Interim Guidance on Patent Subject Matter Eligibility “Interim Guidance” reviewed in my prior post of December 16th, 2014). The Interim...more

CAFC Delivers Another Decision on Patentability of Myriad Patents

In Univ. of Utah Res. Foundation et al. v. Ambry Genetics Corp., No. 2014-1361 (Fed. Cir. Dec. 17, 2014), the Federal Circuit once again has weighed in on the patent eligibility of Myriad Genetics, Inc.’s patents related to...more

ITC Section 337 Update – December 2014

GAO Issues Report Evaluating Customs’ Exclusion Order Enforcement Processes – On November, 2014, the U.S. Government Accountability Office (“GAO”) issued a Report entitled Intellectual Property: U.S. Customs And Border...more

European Court of Justice: landmark decision on patentability of stem cells

The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe. Stem cells have the potential to revolutionize the treatment of human disease because of their...more

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more

Court Report - December 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC 1:14-cv-01474 filed December 11, 2014 in the District Court...more

Impact of USPTO Interim Guidance on Chemical, Pharmaceutical, and Biotech Inventions

The recent interim guidance issued by U.S. Patent and Trademark Office (USPTO) provides applicants and practitioners with more helpful information about which types of claims the USPTO will find to satisfy subject matter...more

Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug...more

Patentability of isolated nucleic acid: US vs. Australia

Patents directed to genetic material have been t­­­­he subject of significant public discourse and legal challenge worldwide, leading to a divergence of governing law between jurisdictions and heightened industry uncertainty...more

Impact of the Alice V. CLS Bank Decision – A Year-End Review

The Supreme Court’s Alice Corp. v. CLS Bank Int’l decision has had a significant impact on the prosecution of software-based patent applications, on the institution of 101-based covered business method patent reviews, and on...more

Institution Decisions and Dispositions for December 22, 2014

Institution Decisions (1) - In Jiawei Technology (USA) Ltd. v. Simon Richmond, IPR2014-00935, Paper 11 (December 22, 2014), the Board instituted inter partes review of claims 1–7, 9, 10, 14, 17–20, 23, 28, 43, 45 and...more

Did You Know…Sony Faces Class Action Lawsuit by Former Employees Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary...more

New Patent Office Guidance Takes Steps Toward Clarifying Subject Matter Eligibility

The USPTO’s latest Guidance on subject matter eligibility takes some positive steps toward stabilizing the examination rules in the context of complex and dynamic case law. The USPTO is accepting comments about the Guidance...more

Federal Circuit Review - December 2014

Patent Claims on Media Distribution Over Internet Not Patentable - In ULTRAMERCIAL, INC. v. HULU, LLC, Appeal No. 2010-1544, the Federal Circuit affirmed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) because a...more

PIPA Update - December 2014

As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of...more

Fetal Diagnostics Patent Claims Fall in Inter Partes Review

Post grant inter partes review proceedings have lowered the hurdle to invalidate U.S. patents. The “broadest reasonable construction” of the claims and the lower burden to prove invalidity (by a preponderance of the evidence)...more

Federal Circuit Applies Alice to Biotechnology in Striking Down Myriad Method of Screening Claims, Leaves Door Open for Narrower...

On December 17, 2014, a three judge panel of the Federal Circuit issued a ruling that may significantly narrow the scope of patent eligible subject matter with respect to method claims in the biotechnology field. The...more

Court Report - December 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of...more

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