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Science, Computers & Technology Intellectual Property

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:

Patents as a Technology and Marketing Resource

by PretiFlaherty on

Several types of patent searches are known for identifying patents and published patent applications of potential interest. One type of search, often called a novelty search, is employed to identify prior issued patents and...more

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Trolls account for about 67% of those. Please...more

Collateral Estoppel May Apply If Claims in a Different, but Related Patent, Have Been Litigated Before

In In re Arunachalam, No. 2016-1607, the Federal Circuit affirmed the PTAB decision holding that Dr. Lakshmi Arunachalam is collaterally estopped from asserting claims in U.S. Patent No. 6,212,556 (’556 Patent) because a...more

Judge Andrews Finds Plaintiff Proved Infringement Of Asserted Claims of Patents-In-Suit Following Three-Day Bench Trial In...

by Fox Rothschild LLP on

Following a three-day bench trial in the matter on June 5-7, 2017 and after having considered the entire record in the case and the applicable law, the Court, through Trial Opinion, entered by The Honorable Richard G. Andrews...more

AbbVie Answers BI’s Counterclaims in Adalimumab Litigation

by Goodwin on

As we previously reported, on August 2, 2017, AbbVie filed a complaint against Boehringer Ingelheim (BI) in the U.S. District Court for the District of Delaware regarding BI’s aBLA for a biosimilar version of AbbVie’s Humira®...more

Five Things to Know About University Licensing

by WilmerHale on

Earlier this year, WilmerHale Partners Dave Gammell, Barry Hurewitz and Jeff Johnson discussed the basics of licensing and legal considerations for university licensing agreements such as unique aspects of university licenses...more

Federal Circuit Casts Doubt on Antibodies Claimed by Epitope

In Amgen Inc. v. Sanofi, No. 2017-1480, the Federal Circuit reversed and remanded for a new trial because the district court (1) incorrectly excluded post-priority-date evidence regarding written description and enablement,...more

Federal Circuit Questions Written Description For Antibody Claims

by Foley & Lardner LLP on

The October 5, 2017 Federal Circuit decision in Amgen Inc. v. Sanofi is getting a lot of attention for its commercial impact, because the court vacated the permanent injunction that prevented Sanofi and Regeneron from...more

Guide to the U.S. Patent Office’s Materials on Subject Matter Eligibility

by Knobbe Martens on

Since 2014, the USPTO has periodically issued examination guidance, analysis examples, and other insights to guide evaluation of patent subject matter eligibility under 35 U.S.C. § 101. These documents are available on the...more

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Lessons for Life Science and Medical Device Companies Post-Nautilus

by Robins Kaplan LLP on

Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more

Google May Be A Verb, But Verb Use Alone Does Not Constitute Genericness

by Weintraub Tobin on

Just Google it. Can you Google the score? Have you Googled the restaurant’s reviews? These are all common phrases in today’s internet-reliant society, and it’s entirely due to the creation of Google and its widespread...more

USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination

by Brooks Kushman P.C. on

The USPTO Patent Trial and Appeal Board announced that it will continue to reject claims as indefinite under 35 U.S.C. § 112(b) when they contain words or phrases whose meaning is “unclear,” instead of applying the higher...more

Massachusetts Patent Litigation Wrap Up – September 2017

by Fish & Richardson on

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders issued in pending cases. In 2015, Oxford accused...more

Genentech Files a Complaint Against Amgen in Delaware Regarding MVASI® (bevacizumab-awwb)

by Goodwin on

We previously reported that on October 6, 2017, Amgen filed a declaratory judgment action against Genentech regarding Amgen’s recently approved biosimilar of Avastin® (bevacizumab-awwb). On the same day, Genentech filed a...more

Two End-of-Year Federal Government Deadlines Approaching

by McNair Law Firm, P.A. on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Patents or Trade Secrets? Deciding How Best to Protect Your Invention - Part I: Can The Invention be Kept Secret?

by Nutter McClennen & Fish LLP on

Key Takeaway: One critical question to ask when deciding whether to protect your invention using patents or trade secrets is how well the invention can be kept secret. Ease of reverse-engineering, risk of independent...more

Business Litigation E-Note - September 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

IP and healthcare in South East Asia: “Bigger than BRIC”. So why aren’t you filing your patent applications there?

by FPA Patent Attorneys on

The South East Asian healthcare market is emerging as one of great importance, expected to experience faster rates of healthcare spending growth over the next 5 years than the BRIC (Brazil, Russia, India, China) countries...more

GEMSA’s Patent Onslaught Against Cloud Computing Customers

by Shook, Hardy & Bacon L.L.P. on

Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Guest Post -- Patent Exhaustion and Pharmaceuticals

On May 30th, the Supreme Court ruled in Impression Products, Inc. v. Lexmark International, Inc. that all patent rights are automatically exhausted upon the sale of a product irrespective of contract stipulations and...more

Infringing “Use” of Claimed System Requires “Control” and “Benefit” of Each Claim Element

In Intellectual Ventures I LLC v. Motorola Mobility LLC, No. 16-1795 (Fed. Cir. Sept. 13, 2017), the Federal Circuit (among deciding other issues) reversed the district court’s order denying JMOL of noninfringement, holding...more

Federal Circuit OK's Use of Post-Priority-Date Evidence

by Morgan Lewis on

The ruling found that the use of such evidence was proper for written description and enablement....more

[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

by BakerHostetler on

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to...more

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