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STRONG Patents Act of 2015 -- An Alternative Patent Reform Bill

Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2015 - Vol. 13, Issue 1

In This Issue: - Tips for Developing a Cost-Effective Foreign Patent Strategy - Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank - Amending...more

Patent Eligibility Under Alice: Reliance on Lack of Routine or Conventional Use

Federal courts have continued to wrestle with the standard for patent eligibility under 35 U.S.C. § 101 set by the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). This is...more

Case is transferred to the Eastern District of Missouri

Plaintiff is a Delaware corporation with principal place of business in California at the time the complaint was filed. Its current address is in New York. Defendant is an Ohio LLC with its principal place of business in...more

The Top 5 Trends in Canadian Intellectual Property Law for 2015

Last year promised significant changes in Canadian IP law; some of which will be realized in 2015. As the first quarter draws to a close, this year’s trends in IP law are emerging. Canada’s international trade negotiations...more

Patent Exhaustion Update: The Federal Circuit Allows Royalties From Different Entities In Supply Chain

Patent exhaustion, or "the first sale doctrine," requires that the initial authorized sale of a patented item by a patent owner or licensee, terminates their ability to subsequently use their patent rights against that item....more

Google Remains on the Hook After Summary Judgment Denied

Judge Rya W. Zobel’s recent decision denying a set of Google’s summary judgment motions has cleared the way for trial. Skyhook initially sued Google for infringement of thirteen patents. Currently, eight patents remain at...more

Four Mile Bay Sues Zimmer Holdings

Four Mile Bay, LLC recently sued Zimmer Holdings, Inc. in the United States District Court for the Northern District of Indiana. The complaint alleges that Zimmer Holdings’ hip implants, such as the “Trabecular Metal Primary...more

Wireless Does Not Mean “Without Wires”; “Streaming Video” Does Not Mean Emailing a Video File - In re Kevin R. Imes

Reviewing a final written decision of U.S. Patent Trial and Appeal Board (PTAB or Board), finding application claims unpatentable, the U.S. Court of Appeals for the Federal Circuit held that the Board erred in concluding that...more

IP Newsflash - February 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Throws Out $2 Million Award to Nvidia and Sony - Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more

Federal Circuit Upholds Patent Term Adjustment Deduction for IDS Filed After Restriction Requirement

In Gilead Sciences, Inc. v. Lee, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute as permitting the USPTO to charge “Applicant Delay” when an Information Disclosure Statement...more

Federal Circuit Review - February 2015

More Deference to District Courts in Claim Construction - In TEVA PHARMACEUTICALS USA, INC. v. SANDOZ, INC., No. 13-854, the Supreme Court held that factual findings underpinning claim construction rulings are reviewed...more

Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge...more

Court Report - March 2015

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire LLC v. Par Pharmaceutical, Inc. et al. 1:15-cv-01454; filed February 25, 2015 in the District Court of...more

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

Glenmark Generics Ltd. v. Ferring B.V.,

Case Name: Civ. No. 3:14-cv-422-HEH, 2014 U.S. Dist. LEXIS 146528 (E.D. Va. Oct. 14, 2014) (Hudson, J.) (Where patent holder disclaims patent and asks FDA to delist, but patent remains in Orange Book, declaratory judgment...more

Is your confidential information “property” if it does not qualify as a trade secret?

The answer likely is “no” according to a recent decision from a federal court in San Francisco. The plaintiff in that case, a data storage company, alleged that a competitor misappropriated its trade secrets by illegally...more

Patent Trial and Appeal Board - Multi-Petition Challenges of a Patent

Background – Multiple Petitions - Multiple Petition Filings in PTAB Trials (IPR/PGR/CBM) - •The statutes for IPR, PGR and CBM do not provide many limits on filing of petitions –Numerous patents have been...more

A Second Look at the Innovation Act Obviousness Type Double Patenting Statute

When the Innovation Act first was introduced, I was skeptical of the proposed obviousness-type double patenting statute. I did not understand why some thought that patents that fall under the First-Inventor-To-File provisions...more

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 3)

Interim Guidance: Summaries of Patent Eligibility Cases - The Interim Guidance provides succinct summaries of various Supreme Court and Federal Circuit decisions. As explained by the Office at the January 21, 2015...more

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were...

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the...more

Pfizer Inc. v. Mylan Pharms. Inc.

Case Name: Pfizer Inc. v. Mylan Pharms. Inc., Civ. No. 10-528-GMS, 2014 U.S. Dist. LEXIS 150283 (D. Del. Oct. 22, 2014) (Sleet, J.) (When a POSA would have to undertake significant guesswork to vary the parameters of...more

The Iron Law of Unintended Consequences - (with apologies to Robert Michels)

It is a certainty that no matter what action is taken (by an individual, a group, or especially a legislative body) that there will be unintended consequences. It is also true that those unintended consequences, like the...more

Limitations on New Arguments and Legal Authority Presented at Oral Hearing - Intri-Plex Technologies Inc. v. Saint-Gobain...

The U. S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) provided further guidance as to what new matter may properly be raised during oral argument, explaining that parties may not present new...more

Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear...more

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