Knobbe Martens Olson & Bear LLP

Orthofix secures option to acquire eNeura for $65 million

On March 31, 2015, Orthofix International N.V. announced it entered into an 18-month option agreement to acquire eNeura, Inc. Orthofix’s website states that the focus of the company is on “improving patients’ lives by providing…more

Acquisition Agreements, FDA, Medical Devices

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Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

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Is Brexit an IP Exit?

Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his…more

Article 50 Treaty of the EU, community, Community Designs, EU, European Patent Office

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Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods -…more

Biotechnology, CLS Bank v Alice Corp, Direct Infringement, Indefiniteness, Induced Infringement

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First-Ever FDA Approval of Liquid Biopsy for Detecting Lung Cancer

The New York Times reports that Roche, a Swiss biotech company, recently received the first-ever FDA approval for a “liquid biopsy” test for diagnosing non-small cell lung cancer (NSCLC).  The Times reports that while the test…more

Diagnostic Tests, FDA, FDA Approval, Medical Devices

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

PTAB’s Institution Decision Remains Largely Unreviewable - What You Need To Know - Summary - In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies v Lee

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Federal Circuit Rules for The Medicines Company in Patent Litigation

In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on…more

Appeals, Commercial Marketing, Commercial Offer for Sale, Medco Health Solutions, On-Sale Bar

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Federal Circuit Finds Life Sciences Subject Matter Patent Eligible

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion vacating the summary judgment of invalidity of U.S. Patent No. 7,604,929 (“the ’929 Patent”) and sent the case back to the District Court for…more

Appeals, CLS Bank v Alice Corp, Life Sciences, Patent-Eligible Subject Matter, Patents

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Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -…more

Covered Business Method Patents, Patent Applications, Patent Reform, Patents, Technology

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Class 5: How to use copyrights, trademarks, and trade secrets to your advantage

In This Presentation: •What is Intellectual Property? •Making use of: –Copyrights –Trademarks –Trade Secrets - Excerpt from What is Intellectual Property? Intellectual Property…more

Business Development, Copyright, Design Patent, Patents, Trade Dress

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Wearable Medical Devices Market Trending Upwards

New reports, such as the Global Diagnostic Wearable Medical Devices Market 2016-2020 Report, bring good news to the rapidly growing wearable medical device market. According to the Report, the diagnostic wearable medical device…more

Diagnostic Tests, Global Market, Medical Devices, Wearable Technology

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PTAB Holds Orthophoenix Patent Claims Invalid

The Patent Trial and Appeal Board (the “Board”) recently issued Final Written Decisions in two inter partes reviews filed by Stryker Corporation regarding two related Orthophoenix, LLC patents – U.S. Patent Nos. 7,153,307 (the…more

Inter Partes Review Proceedings, Medical Devices, Patent Infringement, Patent Invalidity, Patent Trial and Appeal Board

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USPTO Creates New Alternative For Responding to Final Rejections

The new Post-Prosecution Pilot ("P3") program provides a pathway for patent applicants to make an in-person presentation to a panel of patent examiners as an alternative to existing options for responding to final rejections…more

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Supreme Court Eases Rules for Larger Patent Damage Awards

In a unanimous decision yesterday, the Supreme Court eliminated the requirement that patentees must show that an infringer was objectively reckless in order to obtain enhanced patent damages. The decision returned to the…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

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Zimmer Biomet Buys LDR Holding for $1 Billion

Warsaw, Indiana-based Zimmer Biomet Holdings Inc. recently announced it will purchase LDR Holding Corp. for approximately $1.0 billion. PR Newswire notes that Zimmer Biomet will commence a tender offer to acquire all…more

Acquisitions, Medical Devices, Tender Offers

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Knobbe Martens Client Game Show Network Wins Affirmance of IPR Decision

On December 15, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision that a computerized gaming patent owned by John Stephenson, allegedly a competitor of Game Show…more

Gaming, Inter Partes Review Proceedings, Patent Infringement, Patent Invalidity, Patents

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Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and secondary markets for copyrighted goods

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive…more

Capitol Records, Copyright, Digital Goods, First Sale Doctrine, Grey Market

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USPTO Creates New Alternative For Responding to Final Rejections

The new Post-Prosecution Pilot ("P3") program provides a pathway for patent applicants to make an in-person presentation to a panel of patent examiners as an alternative to existing options for responding to final rejections…more

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Supreme Court Eases Rules for Larger Patent Damage Awards

In a unanimous decision yesterday, the Supreme Court eliminated the requirement that patentees must show that an infringer was objectively reckless in order to obtain enhanced patent damages. The decision returned to the…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

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Federal Circuit Affirms Toshiba Win against NPE

On April 25, 2016, the Court of Appeals for the Federal Circuit affirmed the judgment of invalidity on two patents in favor of Knobbe Martens client Toshiba Corporation..…more

Patent Infringement, Patent Invalidity, Patent Litigation, Patents, Toshiba

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The U.S. Supreme Court’s Increasing Involvement In Patent Law

In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this new…more

Appeals, Attorney's Fees, CAFC, CLS Bank v Alice Corp, Nautilus Inc. v. Biosig Instruments

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FDA Issues Proposed Guidance for Changes to Medical Device Software

The U.S. Food & Drug Administration (FDA) issued a proposed guidance on August 8, 2016, regarding software changes to medical devices. The proposed guidance relates to requirements for submitting medical device software changes…more

510(k) RTA, Draft Guidance, FDA, Medical Devices, Modification

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Cuba an Untapped Market for Medical Device Exports

The United States is the world’s largest medical device exporter, according to reports accounting for $45 billion of over $140 billion in global exports in 2014. This is not surprising since it also produced the largest share…more

Cuba, Exports, Imports, Medical Devices

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Why is Intellectual Property Important?

In This Presentation: - Intellectual Property (IP): •Refers to a category of exclusive rights created by statute, including: –Copyrights –Trademarks –Trade Secrets –Utility Patents –Design…more

Copyright, Design Patent, Patents, Trade Dress, Trade Secrets

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Federal Circuit Rules for The Medicines Company in Patent Litigation

In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on…more

Appeals, Commercial Marketing, Commercial Offer for Sale, Medco Health Solutions, On-Sale Bar

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VA Partners with IBM’s Watson for Genomics

IBM’s Watson for Genomics and the U.S. Department of Veterans Affairs (VA) just announced a public-private research partnership to study genomics and provide tailored medical solutions to patients. This partnership is poised to…more

Department of Veterans Affairs, Genome Project, IBM, Public Private Partnerships (P3s), Research and Development

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FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical Industry, Public Health Service Act

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Hackers Steal 600K Records from Health Care Firms – Could Your Wearable Device Be Next?

Security firm InfoArmor published a report in late July 2016 stating that a group of attackers infiltrated American health care institutions, stole at least 600,000 patient records and attempted to sell more than 3 terabytes of…more

Data Breach, Fitbit, Hackers, Health Care Providers, Medical Devices

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Olympus Sued Over “Superbug” Infections

The New York Times recently reported that 179 patients at the UCLA Ronald Reagan Medical Center were exposed to a potentially deadly “superbug” between October of 2014 and January of 2015. As of February 18, the infection of…more

CDC, Hospitals, Infections, Medical Devices, UCLA Medical Center

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FDA Releases Draft Guidance for Unique Device Identifiers

The FDA has just released draft guidance for unique device identifiers (UDIs) tracking medical devices from their manufacturers to the end users. Specifically, the FDA is providing guidance to device the content and form of…more

Draft Guidance, FDA, Medical Devices, Unique Device Identifiers

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FDA Issues Final Rule on Use of Symbols in Labeling

The Food and Drug Administration published a Final Rule in the Federal Register revising labeling regulations for medical devices and certain biological products to allow for the use of symbols without adjacent explanatory text…more

Biologics, FDA, FFDCA, Final Rules, Food and Drug Modernization Act

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The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual Property Supplement

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Federal v State Law Application, Intellectual Property Protection

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Can we patent products found in nature? It's complicated. An update on Australia's Myriad decision...

It remains to be seen if this new Myriad decision in Australia will be extended as it was in the U.S. to prevent virtually any product found in nature from being patented…more

Australia, Biotechnology, DNA, Legal Perspectives, Myriad

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Federal Circuit Finds Life Sciences Subject Matter Patent Eligible

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion vacating the summary judgment of invalidity of U.S. Patent No. 7,604,929 (“the ’929 Patent”) and sent the case back to the District Court for…more

Appeals, CLS Bank v Alice Corp, Life Sciences, Patent-Eligible Subject Matter, Patents

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Is Brexit an IP Exit?

Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his…more

Article 50 Treaty of the EU, community, Community Designs, EU, European Patent Office

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Second Sight Announces Positive Five-Year Data from Argus II Retinal Prosthesis System

Second Sight announced in a press release the publication of positive results from a long-term clinical trial of the Argus II Retinal Prosthesis System. According to the press release, the five-year trial included 30 subjects…more

Clinical Trials, Medical Devices

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AT&T Teams Up with Biotricity to Power Wearable Medical Devices

biotricity, a medical diagnostic and consumer healthcare technology company, recently announced its partnership with AT&T, in which the internet service provider will serve as the preferred network to power biotricity’s wearable…more

AT&T, Medical Devices, Networks, Wearable Technology

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Here’s Another Fine Mess You’ve Gotten Me Into: Best Practices for Employee, Contractor and Consulting Agreements.

In This Presentation: Overview of Messes to Avoid: • Split Ownership • Agreements to Agree • Agreements with Unclear/Improper: – relation to prior agreements – term – royalty rate – execution •…more

Contract Terms, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Inventors

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NuVasive Acquires Biotronic NeuroNetwork for $98 Million

NuVasive, Inc., has announced it has agreed to acquire Biotronic NeuroNetwork for $98 million cash. According to the press release, the acquisition more than doubles NuVasive’s footprint in the neurophysiology business across…more

Acquisitions, Life Sciences, Medical Devices

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Medtronic Acquires HeartWare for $1.1 Billion

Medtronic PLC has announced it has agreed to acquire HeartWare International Inc. for $1.1 billion in cash. According to the press release, the acquisition will expand Medtronic’s portfolio of diagnostic tools and treatments…more

Acquisitions, Life Sciences, Medical Devices, Medtronic, Popular

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GSK and Verily Partnering to Form New Bioelectronic Medicine Firm

GlaxoSmithKline (GSK) announced that it is partnering with Verily Life Sciences LLC to form Galvani Bioelectronics. According to the press release, GSK and Verily will contribute IP rights and an investment of $712.7 million…more

Biotechnology, GlaxoSmithKline, Life Sciences, Medical Devices, Nanotechnology

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CareKit: Apple’s new open-source heath app platform

Apple announced CareKit on Monday, a new, open-source software framework designed to help app developers in the medical care space enable people to actively manage their own medical conditions. The press release states that..…more

App Developers, Apple, Mobile Health Apps, Open Source Software

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U.S. Congress Creates Federal Cause of Action for Trade Secret Misappropriation

For the first time in this nation’s history, the U.S. will have a federal trade secrets law that allows private citizens to enforce their trade secrets and sue for damages. On Wednesday, April 27, 2016, the U.S. House of…more

Asset Seizure, Damages, Defend Trade Secrets Act (DTSA), Ex Parte, Injunctions

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Getting The Deal Through - Trademarks 2016: United States

1. Ownership of marks - Who may apply? An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United…more

Foreign Trademark, IP Assignment Agreements, IP License, Trademark Application, Trademark Opposition Proceedings

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Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –…more

Inter Partes Review Proceedings, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual Property Supplement

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Federal v State Law Application, Intellectual Property Protection

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Recent Developments in Patent Law for Medical Device Companies

In This Presentation: - Recent Patent Cases From The Supreme Court - Medical Device Patent Statistics and Cases - USPTO Post-Grant Proceedings: Lessons Learned After Two Years - Excerpt from Recent Cases…more

America Invents Act, CLS Bank v Alice Corp, DePuy, Exceptional Case, Medical Devices

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#RIO, #SUPERBOWL, #FAIRUSE?

It’s Olympics time! And while most of the news has been about Zika and the conditions on the ground in Rio, brand owners know this as a time when the U.S. Olympic Committee is on the warpath sending notices and cease and desist…more

Brand, Cease and Desist, Fair Use, Olympics, Social Media

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Revenge of the Present Invention

Patentees suing alleged infringers have learned from a long history of federal district court and Federal Circuit rulings that (paraphrasing the Miranda warning given to criminal suspects) “anything you say [in the patent or…more

Inventions, Patent Applications, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter

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Software Patent Eligibility - A Post-Alice Landscape Discussion

•Why are people talking about Section 101/Alice? –Under Section 101, only “eligible subject matter” can be patented: ..“Abstract ideas” are not eligible –Courts + Patent Office are treating many software and…more

CLS Bank v Alice Corp, Patent Portfolios, Patent-Eligible Subject Matter, Patents, Section 101

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Navigating the Patent Minefield

In This Presentation: • Patent infringement suits – Costly – Risk of preliminary injunction – Time consuming – Risk of customers being sued – Damages • Lost profit or reasonable royalty • Treble…more

Injunctions, Patent Infringement, Patent Litigation, Patents, USPTO

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How to Pull Off the Great Balancing Act | Law Practice Today

Maintaining a healthy balance between work and personal life can be challenging in any career. With the demanding workflow that comes with being a lawyer finding a balance can often prove to be even more challenging. However,…more

Professional Development, Young Lawyers

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Knobbe Martens Client Nomadix Prevails On Summary Judgment

On January 27, the U.S. District Court for the Central District of California granted summary judgment in favor of Nomadix, Inc., ruling that competitor Blueprint RF infringes Nomadix’s patented Internet-access technology. The…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Validity, Summary Judgment

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Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law Claims

For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims require…more

Attorney Malpractice, Certiorari, Gunn v Minton, Jurisdiction, Patents

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Federal Circuit Review | July 2016

Obvious Combinations Do Not Need to Be Physically Combinable - In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC, Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding based…more

35 U.S.C. § 284, Appeals, Attorney's Fees, Broadest Reasonable Interpretation Standard, Claim Construction

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Appealing Medical Device Patent Cases

Medical device patent infringement cases, like all patent infringement cases, must be appealed to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. People often refer to this Court as the “Federal Circuit.” …more

Appeals, Medical Devices, Patent Infringement, Patent Litigation, Patents

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Federal Circuit Review | July 2016

Obvious Combinations Do Not Need to Be Physically Combinable - In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC, Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding based…more

35 U.S.C. § 284, Appeals, Attorney's Fees, Broadest Reasonable Interpretation Standard, Claim Construction

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Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –…more

Inter Partes Review Proceedings, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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Supreme Court Decision POM Wonderful LLC v. Coca-Cola Co: What You Need to Know

Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers…more

Advertising, Coca Cola, FDA, FDCA, Food Labeling

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Federal Circuit Rules for The Medicines Company in Patent Litigation

In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on…more

Appeals, Commercial Marketing, Commercial Offer for Sale, Medco Health Solutions, On-Sale Bar

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Knobbe Martens Client Nomadix Prevails On Summary Judgment

On January 27, the U.S. District Court for the Central District of California granted summary judgment in favor of Nomadix, Inc., ruling that competitor Blueprint RF infringes Nomadix’s patented Internet-access technology. The…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Validity, Summary Judgment

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Researchers Unveil Ingestible Origami Robot

An international team of researchers has recently showcased a tiny origami robot that can be swallowed and controlled by external magnetic fields. According to Daniela Rus, an electrical engineering and computer science…more

Artificial Intelligence, Medical Devices, Robotic Surgery, Robotics

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Scheduling an Appointment with Dr. Wearable Device

Fitbit, Inc. reported its quarterly results which led to an 10% increase in its share price. The company recently announced that Adam Pellegrini will join the company as Vice President of Digital Health on September 6th. …more

Fitbit, Medical Devices, Wearable Technology

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Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

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The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method review,…more

America Invents Act, Claim Construction, Corporate Counsel, Covered Business Method Patents, Declaration

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USPTO Creates New Alternative For Responding to Final Rejections

The new Post-Prosecution Pilot ("P3") program provides a pathway for patent applicants to make an in-person presentation to a panel of patent examiners as an alternative to existing options for responding to final rejections…more

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Amazon’s clear labelling defeats MTM trademark claims

The US Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc (MTM) v Amazon.com Inc on February 29 2016, which held that Amazon did not infringe MTM’s trademark in its presentation of other…more

Amazon, Appeals, Internet Retailers, Labeling, Likelihood of Confusion

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FDA Approves Medtronic Prestige LP Cervical Disc for 2-Level Use

The FDA recently approved the Medtronic Prestige LP Cervical System for treating degenerative disc disease at two adjacent vertebral levels (between C3 and C7). The device is said to be Medtronic’s third clinically-proven…more

FDA, FDA Approval, Medical Devices, Medtronic

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Supreme Court Makes it Easier for Medical Device Companies to Recover Enhanced Damages for Patent Infringement

The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner…more

Abuse of Discretion, Enhanced Damages, Halo v Pulse, Medical Devices, Patent Infringement

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NuVasive To Acquire Ellipse Technologies

In a recent press release, San Diego, California-based NuVasive, Inc. announced that it will acquire Ellipse Technologies, Inc. (“Ellipse”), a privately held medical technology company based in Aliso Viejo, California. According…more

Acquisitions, Medical Devices

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Legal Alert: Good News for Software Patents?

Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees - In the last few years, U.S. Courts have drastically changed their interpretation of the law governing patent eligibility, 35 U.S.C. §…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Popular

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7 Intellectual Property Issues Startup Entrepreneurs Should Not Overlook

When startups are in the whirlwind of launching a new product or strategizing a marketing plan, there are crucial intellectual property issues that should not be overlooked. Here are seven things startups should know about IP…more

Entrepreneurs, Legal Perspectives, Patents, Popular, Startups

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Practical Steps for Building a Strong Life Science Patent Portfolio Worth Billions of Dollars

In the last four years, several companies with antiviral drug programs, including Alios BioPharma, Idenix, Inhibitex, InterMune and Pharmasset, have been acquired by large pharmaceutical companies (‘‘big pharma’’). One of the…more

Acquisitions, Claim Construction, Life Sciences, Patent Portfolios, Patent-Eligible Subject Matter

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Federal Circuit Rules for The Medicines Company in Patent Litigation

In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on…more

Appeals, Commercial Marketing, Commercial Offer for Sale, Medco Health Solutions, On-Sale Bar

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Amazon’s clear labelling defeats MTM trademark claims

The US Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc (MTM) v Amazon.com Inc on February 29 2016, which held that Amazon did not infringe MTM’s trademark in its presentation of other…more

Amazon, Appeals, Internet Retailers, Labeling, Likelihood of Confusion

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Legal Alert: Good News for Software Patents?

Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees - In the last few years, U.S. Courts have drastically changed their interpretation of the law governing patent eligibility, 35 U.S.C. §…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Popular

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Newly Issued U.S. Patent for Knobbe Martens Client Pinnacle Spine Group, LLC

Knobbe Martens client Pinnacle Spine Group, LLC, a developer of innovative spinal fusion systems, today announced that the U.S. Patent and Trademark Office issued U.S. Patent No. 9,216,096 titled Intervertebral Implants and…more

FDA Approval, Medical Devices, Patents, USPTO

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FDA Issues Draft Guidance on Dissemination of Patient-Specific Information from Devices

On June 10, 2016, the U.S. Food and Drug Administration (FDA) issued a draft guidance advising manufacturers on appropriate and responsible dissemination of patient-specific information from medical devices…more

Covered Entities, Draft Guidance, FDA, HIPAA, Information Sharing

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

PTAB’s Institution Decision Remains Largely Unreviewable - What You Need To Know - Summary - In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies v Lee

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Stryker Acquires Stanmore Implants

Stryker Corporation recently announced the purchase of United Kingdom-based Stanmore Implants from SIW Holdings Limited for £35.6 million (about $52 million USD) in an all-cash transaction. According to Stanmore’s website, it…more

Acquisitions, Medical Devices, Stryker

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Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Supreme Court Eases Rules for Larger Patent Damage Awards

In a unanimous decision yesterday, the Supreme Court eliminated the requirement that patentees must show that an infringer was objectively reckless in order to obtain enhanced patent damages. The decision returned to the…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

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Trademark Review | July 2016

Applicant’s Claim of Secondary Meaning in MINIMELTS Melts Down Before the Board - Mini Melts opposed Reckitt’s intent-to-use applications for “MINI-MELTS” and “MINIMELTS,” alleging a likelihood of confusion with its own…more

Confusingly Similar, Likelihood of Confusion, Secondary Meaning, Trademarks

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FDA Approves First MRI-Guided Ultrasound Device to Treat Essential Tremor

The FDA recently approved INSIGHTEC’s Premarket Approval (“PMA”) application for ExAblate Neuro, a device designed to treat essential tremor. Essential tremor is the most common kind of tremor; it commonly affects the hands,…more

FDA Approval, Medical Devices

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Aereo - A Reboot Opportunity For Broadcasters?

Yesterday the Supreme Court issued the Aereo opinion and decided that, given its activities, Aereo is substantially similar to a cable television provider and therefore “perform[s] petitioners’ copyrighted works ‘publicly,’ as…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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Software Copyrights in an Evolving Digital World

In This Presentation: - Software Copyright & Interoperability - Program Language and Function Calls - An Example API in Java - Oracles’ Pattern of APIs - Google’s Copying - Questions? ..Copyright Issues -…more

Android, APIs, Computer-Related Inventions, Copyright, Digital Goods

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Three New Tools to Challenge Patents

Among the most significant changes made by the America Invents Act (AIA) are the provisions that permit a business to challenge a patent at the U.S. Patent and Trademark Office in litigation-type proceedings, but at a lower cost…more

America Invents Act, Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation

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Federal Circuit Affirms Invalidity for Exergen’s Non-contact Thermometer Patent

In a per curiam decision the Federal Circuit upheld the U.S. District Court for the District of Massachusetts’ holding that certain claims of Exergen Corporation’s U.S. Patent No. 7,787,938 was invalid as being directed to an…more

Abstract Ideas, Appeals, Patent Infringement, Patent Invalidity, Patent Litigation

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Knobbe Martens Client STAR Envirotech Wins Affirmance of IPR Decision Finding Patent Valid

On December 31, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision that a STAR Envirotech patent relating to its evaporative emission testing tools is valid and not…more

Automotive Industry, Inter Partes Review Proceedings, Obviousness, Patent Trial and Appeal Board, Patent Validity

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Software Patent Eligibility - A Post-Alice Landscape Discussion

•Why are people talking about Section 101/Alice? –Under Section 101, only “eligible subject matter” can be patented: ..“Abstract ideas” are not eligible –Courts + Patent Office are treating many software and…more

CLS Bank v Alice Corp, Patent Portfolios, Patent-Eligible Subject Matter, Patents, Section 101

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The Defend Trade Secrets Act: What You Should Do Now

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the…more

Anti-Retaliation Provisions, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity, Misappropriation

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Alert: California and the EU’s Changing Privacy Laws

Privacy law has traditionally focused on an individual’s right to privacy vis-à-vis a government’s physical intrusion. Privacy law, however, has morphed in recent years to address concerns of the digital age, including data…more

Breach Notification Rule, Data Breach, EU, International Data Transfers, Personal Data

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U.S. Congress Creates Federal Cause of Action for Trade Secret Misappropriation

For the first time in this nation’s history, the U.S. will have a federal trade secrets law that allows private citizens to enforce their trade secrets and sue for damages. On Wednesday, April 27, 2016, the U.S. House of…more

Asset Seizure, Damages, Defend Trade Secrets Act (DTSA), Ex Parte, Injunctions

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Cabilly II IPR Update: Sanofi-Aventis U.S. LLC v. Genentech, Inc.

In July of 2015, Sanofi filed petition for an inter partes review (IPR2015-01624) for 15 claims of U.S. Pat. No. 6,331,415 (“Cabilly II”). In the antibody field, the Cabilly family of patents is well known and is believed to…more

Anticipation, Expert Testimony, Genentech, Inter Partes Review Proceedings, Obviousness

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Pinterest fails to pin Pintrips on trademark infringement and dilution claims | World Trademark Review

In Pinterest Inc v Pintrips Inc (No 13-CV-04608-HSG, October 21 2015), the US District Court for the Northern District of California has held that the PINTRIPS and PIN marks used by Pintrips did not infringe or dilute…more

Dilution, Fair Use, Likelihood of Confusion, Pinterest, Trademark Infringement

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Is Brexit an IP Exit?

Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his…more

Article 50 Treaty of the EU, community, Community Designs, EU, European Patent Office

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EU Reaches Deal on New Medical Device Regulations

The European Parliament and European Council recently jointly announced an agreement regarding new rules on medical devices and in vitro diagnostic medical devices. The process that lead to the agreement began in 2012. …more

Diagnostic Tests, EU, Innovation, Manufacturers, Medical Devices

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

PTAB’s Institution Decision Remains Largely Unreviewable - What You Need To Know - Summary - In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies v Lee

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InSeal Medical Receives CE Mark for Vascular Closure Device

InSeal Medical recently announced that it has received CE Mark approval for its InClosure large bore vascular closure device (VCD). The InSeal VCD provides an internal biodegradable membrane for sealing large cuts in blood…more

France, Israel, Medical Devices, Pharmaceutical Industry

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FDA’s Expedited Access Program: A Year in Review

A new blog post by The Food and Drug Administration (FDA) published earlier this month provides an update regarding the implementation of the year-old Expedited Access Pathway (EAP) program, which was created in April 2015 by…more

EAP, FDA, FDA Approval, Medical Devices

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Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

See All Updates »

Supreme Court Affirms Broader Claim Construction Standard in IPRs

PTAB’s Institution Decision Remains Largely Unreviewable - What You Need To Know - Summary - In its first case addressing an Inter Partes Review (“IPR”), the Supreme Court’s In re Cuozzo decision unanimously…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies v Lee

See All Updates »

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods -…more

Biotechnology, CLS Bank v Alice Corp, Direct Infringement, Indefiniteness, Induced Infringement

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Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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The Defend Trade Secrets Act: What You Should Do Now

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the…more

Anti-Retaliation Provisions, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity, Misappropriation

See All Updates »

Getting The Deal Through - Trademarks 2016: United States

1. Ownership of marks - Who may apply? An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United…more

Foreign Trademark, IP Assignment Agreements, IP License, Trademark Application, Trademark Opposition Proceedings

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Newly Issued U.S. Patent for Knobbe Martens Client Pinnacle Spine Group, LLC

Knobbe Martens client Pinnacle Spine Group, LLC, a developer of innovative spinal fusion systems, today announced that the U.S. Patent and Trademark Office issued U.S. Patent No. 9,216,096 titled Intervertebral Implants and…more

FDA Approval, Medical Devices, Patents, USPTO

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Evaluating Freedom to Operate | Endovascular Today

The third step in bringing your medical device to market is to understand whether you can practice your invention. This article is part three of a series that will present the three big issues in IP: Do you own it? Can…more

Manufacturers, Medical Devices

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New Proposed Legislation: Doctors Must Report Med Device-Related Deaths & Injuries

Representatives Mike Fitzpatrick (R-PA) and Louise Slaughter (D-NY) announced plans to propose the Medical Device Guardians Act of 2016. According to a press release from Rep. Fitzpatrick, the Act is “a package of bills aimed at…more

FDA, FDA Approval, Health and Safety, Health Care Providers, Medical Devices

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First Extended-Range Intraocular Lens Receives FDA Approval

The U.S. Food and Drug Administration (FDA) has approved Abbott’s Tecnis Symfony Intraocular Lenses (IOL) for treating cataracts. According to Abbott, the Tecnis Symfony lenses are currently the only lenses in the United States…more

FDA, FDA Approval, Medical Devices

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Boston Scientific Acquires Cosman Medical

Boston Scientific Corporation announced this week that it has acquired Cosmon Medical, Inc. for an undisclosed amount. Cosman Medical is a privately held manufacturer of radiofrequency ablation (RFA) systems used to treat…more

Acquisitions, Medical Devices, Pain Management

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Increase in Funding to Med Device Startups

Despite a drop in the second quarter of 2016, medical device funding is expected to finish stronger this year than in 2015. CB Insights has released a report on the funding and deal activity within the medical device industry…more

Funding, Medical Devices, Privately Held Corporations, Startups

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Med Device M&A Values Jump Nearly 50% in 1st Half of 2016

According to MergerMarket, the value of mergers and acquisitions in the medical device area jumped by nearly 50% to $74.5 billion in the first half of 2016 (H1 2016) compared with the first six months of 2015.  The 45.5% surge…more

Acquisitions, Biotechnology, Medical Devices, Mergers

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Is Brexit an IP Exit?

Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his…more

Article 50 Treaty of the EU, community, Community Designs, EU, European Patent Office

See All Updates »

The Defend Trade Secrets Act: What You Should Do Now

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the…more

Anti-Retaliation Provisions, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity, Misappropriation

See All Updates »

Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

See All Updates »

Three New Tools to Challenge Patents

Among the most significant changes made by the America Invents Act (AIA) are the provisions that permit a business to challenge a patent at the U.S. Patent and Trademark Office in litigation-type proceedings, but at a lower cost…more

America Invents Act, Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation

See All Updates »

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