Harness, Dickey & Pierce, PLC

PTO Cannot Raise & Decide Unpatentability Theories Never Presented by the Petitioner

In In re Magnum Tools International, Ltd., [2015-1300] (July 25, 2016) the Federal Circuit reversed the PTAB’s determination that the challenged claims U.S. Patent No. 8,079,413 were invalid for obviousness. The Federal…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

BioPharma Patents Quick Tips & News – July 2016

U.S. FDA Orange Book Refresher Edition - What types of patents can be listed on the FDA’s Orange Book? Listable = Pharmaceutical-related patents are allowed in the FDA’s Orange Book only if they’re “composition” or…more
| Intellectual Property, Science, Computers, & Technology

Where’s My %$^&# Dollar?

The issue of consideration in an assignment is always in the background, but only occasionally comes up. In Memorylink Corp. v. Motorola Solutions, Inc., 773 F.3d 1266, 113 USPQ2d 1088 (Fed. Cir. 2014), the Federal Circuit had…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Sale of Manufacturing Services Does Not Trigger On Sale Bar Under Pre-AIA §102

In The Medicines Company v. Hospira, Inc., [2014-1469, 2014,1504] (July 11, 2016), the en banc Federal Circuit reversed a panel decision finding that U.S. Patent Nos. 7,582,727 and 7,598,343 were invalid under the on-sale bar of…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Not All Processes That Employ Only Independently Known Steps are Unpatentable

In Rapid Litigation Management Ltd. v. Cellzdirect, Inc., [2015-1570] (July 5, 2016), the Federal Circuit vacated summary judgment that U.S. Patent No. 7,604,929 on hepatocytes capable of surviving multiple freeze-thaw cycles…more
| Intellectual Property, Science, Computers, & Technology

I Win? No Fair!

In SkyHawke Technologies, LLC v, Deca International Corp., [2016-1325, 2016,1326] (July 15, 2015), the Federal Circuit granted Deca’s motion to dismiss SkyHawke’s appeal of a PTAB Decision in a reexamination on the grounds that…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Commercial Marketing Provisions of the Biologics Act are Mandatory

In Amgen Inc. v. Apotex Inc., [2016-1308] (July 5, 2016), the Federal Circuit affirmed a preliminary injunction against Apotex from entering the market until 180 days after giving Amgen Notice after receiving its FDA license…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

New After-Final Pilot Prosecution Program Allows Enhanced Patent Practice

Effective July 12, 2016, the PTO is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

It Ain’t Over ‘Till It’s Over

It seems that the majority of patent applications, including those that eventually issue as patents, face a “final” rejection at some point. “Final” does not not always mean final, however, and there are at least eight possible…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Inventive Concept Can be Found in Non-conventional and Non-generic Arrangement of Known, Conventional Pieces

In Bascom Global Internet Services, Inc., v. AT&T Mobility LLC, [2015-1763] (June 27, 2016), the Federal Circuit reversed the dismissal of the Complaint for failure to state a claim upon which relief can be granted on the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

And in the Alternative . . .

The older among us have “unlearned” the prohibition of the word “or” in patent claims, and have reasoned that if “or” is acceptable, its cousin “and/or” is acceptable in patent claims as well. A few years ago, the USPTO…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Plausibility vs. Enablement

U.S. Patent No. 8,330,305 covers protecting devices from impact damage. The patent claims detecting that the portable device will impact a surface, and, if the risk of damage to the portable device from the impact exceeds a…more
| Intellectual Property, Science, Computers, & Technology

Resurfacing of Preemption for Patent-Eligibility of Software Inventions – The Bascom Decision

Harness the Lesson - It seems the preemption argument in favor of patent-eligibility has resurfaced as an argument for patent-eligibility of claims directed to software-related subject matter if the claimed invention does…more
| Intellectual Property, Science, Computers, & Technology

Halo Recognizes that Not All Infringers are Angels

In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. — (2016), the Supreme Court rejected the Federal Circuit’s two-step Seagate test for the award of enhanced damages under 35 USC 284, holding that the aware of…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Five IP Lessons for Small to Medium–sized Businesses

Intellectual property plays an increasingly significant role in the successful management of American and international businesses alike.  I’ve set out below a few of the most important questions that you as a small to…more
| Communications & Media Law, Intellectual Property
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