Science, Computers & Technology Intellectual Property

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Federal Circuit Review | January 2017

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR,...more

Federal Circuit Finds "Consisting Of" Requires Reversing Infringement Of Shire Lialda Patent

The Federal Circuit focused on the “consisting of” language in the claims at issue when it reversed the district court’s finding that Watson’s ANDA product would infringe the only Orange Book-listed Shire Lialda patent. In so...more

Privilege Claims Validated in Counterfeit Detection Dispute

In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) –...more

PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning

On February 15, 2017, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the...more

Frozen Until March 21: The USPTO’s New Evidence Requirements to Clear “Deadwood” From The Federal Trademark Register

President Trump’s deep freeze of regulatory actions has delayed the effective date of new rules issued by the United States Patent and Trademark Office (USPTO) to assess and promote the accuracy of the trademark...more

Genentech Files DJ Action Against Amgen Regarding Avastin Biosimilar

Big Molecule Watch frequently posts on BPCIA litigation. As our readers know, the interpretation of various provisions of the BPCIA is currently before the Supreme Court in Sandoz v. Amgen, which we most recently covered...more

Biosimilar Litigants Square Off Before the Supreme Court

Last week, Sandoz filed its opening Supreme Court brief, asking the Court to determine (1) whether notice of commercial marketing under Subsection (l)(8)(A) of the Biologics Price Competition and Innovation Act (“BPCIA”) is...more

Divided Infringement – Expanding Patent Infringement Liability

In 2015, the Federal Circuit Court of Appeals cast the net of patent infringement liability even more broadly, to cover direct infringement by “divided” (or “joint”) infringement. Akamai Technologies, Inc. v. Limelight...more

State Universities Gain Immunity from IPRs

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

Federal Circuit Looks to Provisional Patent Application in Determining Claim Scope

Differences between a provisional patent application and a nonprovisional application claiming priority to the provisional application may inform claim construction, following the Federal Circuit’s recent decision in MPHJ...more

Personal Web Technologies, LLC v. Apple, Inc. (Fed. Cir. 2017)

Apple filed a successful petition for Inter Partes Review (IPR) of Personal Web Technologies' U.S. Patent No. 7,802,310. In its final written decision, the Patent Trial and Appeal Board (PTAB) agreed with Apple's contention...more

Software Is Still Patent Eligible

In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more

Federal Circuit Patent Updates - February 2017

MPHJ Technology Investments v. Ricoh Americas Corporation (No. 2016-1243, 2/13/17) (Newman, Lourie, O'Malley) - Newman, J. Affirming PTAB decision in IPR that claims directed to document managing system and process were...more

Summary of Sandoz’s Opening Brief in Sandoz v. Amgen

Sandoz filed its opening brief to the Supreme Court on Friday, February 10, 2017. The dispute focuses on the notice marketing provision and the information exchange or “patent dance” procedures of the Biologics Price...more

Checking in on Sony’s “Lens-Style Camera” Application

Way back in 2015, I blogged about an interesting non-traditional configuration mark application from Sony for its QX100 “Smartphone Attachable Lens-Style Camera” with the PTO....more

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect...

Recently, we discussed the broad reach of the doctrine of Federal Copyright Preemption. In Ultraflo Corp. v. Pelican Tank Parts, Inc. 2017 U.S. App. LEXIS 509 (Jan. 11, 2017), the Fifth Circuit made clear that not only does...more

Broad Institute/MIT/Harvard CRISPR Patents Survive PTO Interference

Yesterday, the PTAB in interference 106,048 issued a short order finding no interference- in- fact between the claims of 12 Broad Institute patents (US Patent Number 8,697,359 et al.) and the application held by The Regents...more

When Obvious Isn’t Obvious: Personal Web Technologies

On Valentine’s Day 2017, the Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeal Board’s conclusions of obviousness in Personal Web Technologies, LLC due to insufficient analysis in the board’s...more

VCC vs. VCC: Where’s the Confusion?

When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015. In that earlier decision, Vancouver Community College sued a rival...more

Federal Circuit Vacates PTAB’s Obviousness Determination Due to “Inadequate” Rationale

On February 14, 2017, the Federal Circuit vacated an obviousness determination by a panel of the Patent Trial and Appeal Board (PTAB) due to an inadequate explanation of why the challenged claims were determined to be obvious...more

CIPO shines spotlight on patenting in climate change mitigation technologies

With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate. The Canadian Intellectual Property Office (CIPO) has added to...more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

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