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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Federal Circuit Judges Disagree Over Contours of Section 101

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered the…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, Functionality

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Federal Circuit invalidates Affinity’s content-delivery patents for failing to disclose implementation of claimed functions

The Federal Circuit recently decided two related cases concerning media content delivery patents1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus

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First FDA Approval of Closed-Loop Insulin Pump

Medtronic’s MiniMed 670G system was recently approved by the FDA – this marks the first-ever FDA approval of a hybrid closed-loop insulin delivery system. Medtronic explains that the system uses a computer algorithm in…more

FDA Approval, Medical Devices, Medtronic

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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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Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge to…more

Antitrust Violations, Appeals, Generic Drugs, Hatch-Waxman, Jury Verdicts

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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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Freedom to Operate and the Use of AIA Review

Freedom to Operate: •Identifying infringement risk •Third party patent (infringement) – claim searching –Timing •Discrete, continuous –Searching •In-house, search agency –Screening/analyzing •Ranking…more

Administrative Proceedings, America Invents Act, Defense Strategies, Germany, Intellectual Property Litigation

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Johnson and Johnson Insulin Pump Potentially Vulnerable to Cyber Attack

Johnson & Johnson recently warned its customers of a cybcersecurity issue with one of its insulin pumps, potentially leaving thousands of users vulnerable.  According to Johnson & Johnson’s letter, “a cybersecurity issue with…more

Cybersecurity, FDA, Johnson & Johnson, Medical Devices, Popular

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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 (IPR) Proceeding, 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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Federal Circuit Judges Disagree Over Contours of Section 101

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered the…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, Functionality

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Medical Device Investor Forum - Oct. 27-28 in Irvine, CA - Knobbe Medical

OCTANe, an Orange County-based non-profit life sciences and technology accelerator organization, has announced the agenda for its 11th Annual Medical Device & Investor Forum (MDIF), which will be held on October 27-28, 2016, in…more

Biotechnology, Entrepreneurs, Investors, Life Sciences, Medical Devices

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A Compelling Invention Story May Support Patent-Eligibility

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are…more

Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Federal Circuit Distinguishes its Recent McRO Decision

Less than a month after reversing the lower court’s determination of invalidity in McRO, Inc. v. Bandai Namco Games America, Inc., the Federal Circuit has now upheld the invalidity of claims in FairWarning IP, LLC v. Iatric…more

3D-Automation, Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions

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Overcoming 101 Rejections in the 3600 Technology Center

Patent applicants whose applications have been assigned to the USPTO Technology Center 3600 have been particularly impacted by the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank Int'l. However, overcoming 101…more

Abstract Ideas, Appeals, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, 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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Overcoming 101 Rejections in the 3600 Technology Center

Patent applicants whose applications have been assigned to the USPTO Technology Center 3600 have been particularly impacted by the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank Int'l. However, overcoming 101…more

Abstract Ideas, Appeals, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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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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Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the…more

Anti-Competitive, Antitrust Violations, Appeals, Denial of Certiorari, FTC v Actavis

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2016 Security of Things® Forum

The third annual Security of Things® Forum (SECOT) in Cambridge, Massachusetts fostered discussion on a variety of cyber-security related topics ranging from a standards-based approach to security connected devices to connected…more

Connected Items, Cybersecurity, Data Security, Health Information Technologies, Internet of Things

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Navigating 101 Eligibility - Waypoints from the Federal Circuit

Applicants embarking on the journey of preparing and prosecuting a patent application can have a difficult time navigating the ever changing legal waters. One struggle is answering the question, “Are my claims patent eligible…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Patent Applications, Patent Prosecution

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U.S. Supreme Court Overturns Apple's $400M Award Against Samsung

A Unanimous U.S. Supreme Court Pulls Back the Reach of Damages Awards for Design Patents Summary The U.S. Supreme Court on Tuesday, December 6, 2016, unanimously held that damages awards for design patent infringement need not…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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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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Federal Circuit Invalidates Synopsys’ Chip Design Patents as Unpatentable Abstract Ideas

The Federal Circuit’s recent decision in Synopsys, Inc. v. Mentor Graphics Corp., Case No. 2015-1599 (Fed. Cir. Oct. 17, 2016), upholding the lower court’s grant of summary judgment of invalidity under § 101, may provide another…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Design Patent, Myriad-Mayo

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Isto Holdings Acquires Arteriocyte To Form Isto Biologics

Isto Holdings, the parent company of Isto Technologies, has acquired Massachusetts based Arteriocyte Medical Systems Inc. and the two companies will be combined under the name Isto Biologics under the current CEO of Isto…more

Biologics, Medical Devices, Mergers

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Johnson & Johnson to Acquire Abbott Medical Optics

Johnson & Johnson recently announced an agreement to acquire Abbott Medical Optics for $4.325 billion. Abbot Medical Optics, a subsidiary of Abbot Laboratories, reported $1.1 billion in sales in 2015. According to the press…more

Acquisitions, Johnson & Johnson, Medical Devices, Popular

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More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held by…more

Adidas, Appeals, Commerce Clause, De Minimis Claims, Federal Trademark Register

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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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Federal Circuit Finds Three Intellectual Venture’s Patents Invalid under the Mayo/Alice Framework

The Federal Circuit recently decided a case concerning three patents owned by Intellectual Ventures I LLC (“IV”). Intellectual Ventures I LLC v. Symantec Corp., Case Nos. 2015-1769, 2015-1770, 2015-1771 (Fed. Cir. Sept. 30,…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, First Amendment

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Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge to…more

Antitrust Violations, Appeals, Generic Drugs, Hatch-Waxman, Jury Verdicts

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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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Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. This…more

Appeals, Assignor Estoppel, Covered Business Method Patents, Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding

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FDA Announces International Draft Guidance for Clinical Evaluation of Software as a Medical Device

The U.S. Food and Drug Administration announced the availability of a draft guidance for the clinical evaluation of software as a medical device (SaMD). The draft guidance was prepared by the SaMD Working Group of the…more

Clinical Evaluations, Draft Guidance, FDA, International Medical Device Regulators Forum (IMDRF), Medical Devices

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Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate the…more

Antitrust Litigation, Antitrust Violations, Appeals, Burden of Proof, Burden-Shifting

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A Compelling Invention Story May Support Patent-Eligibility

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are…more

Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus, Patent-Eligible Subject Matter

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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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Stryker’s String of Acquisitions Continues with Ivy Sports Medicine

PRNewswire reports that Stryker‘s Endoscopy division has acquired Ivy Sports Medicine for an undisclosed amount. According to the press release, Ivy Sports Medicine’s portfolio includes: the only FDA-approved collagen…more

Acquisitions, Medical Devices, Stryker

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The Supreme Court’s Decisions Not to Hear Patent Cases Leaves Federal Circuit Decisions on Key Questions Intact

The Supreme Court recently declined to hear several patent cases, thus leaving the decisions by the Federal Circuit intact. Issues that were not taken up by the Supreme Court include (1) whether performing patented methods for…more

Appeals, Certiorari, FDA, Hatch-Waxman, Inter Partes Review (IPR) Proceeding

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FDA Will Hold Hearing on Communications Regarding Unapproved Uses

The Food and Drug Administration has issued a notice announcing a public hearing on November 9 & 10, 2016 to gather input relating to companies’ communications about their medical products, with a particular focus on…more

FDA, Medical Devices, PHRMA, Public Comment

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Myriad Genetics Announces an Assay that Identifies Patients for Olaparib Treatment

Salt Lake City-based Myriad Genetics, Inc. announced that its BRACAnalysis CDx® test accurately identifies patients with ovarian cancer for a second-line treatment with olaparib. The announcement came as a result of a clinical…more

Biotechnology, BRCA, Cancer, Clinical Trials, Diagnostic Tests

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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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Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote and…more

Advertising, Cease and Desist, Copyright Infringement, Corporate Branding, Right of Publicity

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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 (IPR) Proceeding, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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Determining Patent Eligibility Pre-Claim Construction May Be Premature

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held…more

Abstract Ideas, Appeals, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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Federal Circuit invalidates Affinity’s content-delivery patents for failing to disclose implementation of claimed functions

The Federal Circuit recently decided two related cases concerning media content delivery patents1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus

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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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More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held by…more

Adidas, Appeals, Commerce Clause, De Minimis Claims, Federal Trademark Register

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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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Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the…more

Anti-Competitive, Antitrust Violations, Appeals, Denial of Certiorari, FTC v Actavis

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Federal Circuit Distinguishes its Recent McRO Decision

Less than a month after reversing the lower court’s determination of invalidity in McRO, Inc. v. Bandai Namco Games America, Inc., the Federal Circuit has now upheld the invalidity of claims in FairWarning IP, LLC v. Iatric…more

3D-Automation, Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions

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Getting the Most from Biotech Patents in Europe Without Breaking the Bank: Selecting the Right Countries for Validation

Once a European patent application has been granted, all patentees must then choose to validate the granted application in one or more European countries. Such a decision may have long-term business and legal consequences. …more

Biotechnology, EU, European Patent Convention, European Patent Office, Patents

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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 | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent…more

Abstract Ideas, Appeals, Apple v Samsung, Claim Construction, CLS Bank v Alice Corp

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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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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 (IPR) Proceeding, 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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Amazon Defeats Appistry’s Distributed Computing Patents With Finding Of Patent Ineligibility

On July 19, 2016, the District Court for the Western District of Washington (“Court”) dismissed a patent suit because the asserted patents (U.S. Patent Nos. 8,682,959 and 9,049,267) cover ineligible subject matter. See…more

Abstract Ideas, Amazon, CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter

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Federal Circuit Finds Three Intellectual Venture’s Patents Invalid under the Mayo/Alice Framework

The Federal Circuit recently decided a case concerning three patents owned by Intellectual Ventures I LLC (“IV”). Intellectual Ventures I LLC v. Symantec Corp., Case Nos. 2015-1769, 2015-1770, 2015-1771 (Fed. Cir. Sept. 30,…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, First Amendment

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The USPTO “Patents 4 Patients” Program: What, How, and Why

On January 12, 2016, President Barack Obama announced his goal of a nationwide “Cancer Moonshot,” with the ultimate goal of accelerating cancer research “to end cancer as we know it” during his State of the Union Address As a…more

Accelerated Examination Program, Fast Track Process, National Cancer Moonshot, Patent Term Adjustment, Patents

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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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Federal Circuit Invalidates Synopsys’ Chip Design Patents as Unpatentable Abstract Ideas

The Federal Circuit’s recent decision in Synopsys, Inc. v. Mentor Graphics Corp., Case No. 2015-1599 (Fed. Cir. Oct. 17, 2016), upholding the lower court’s grant of summary judgment of invalidity under § 101, may provide another…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Design Patent, Myriad-Mayo

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Appeal of Final Refusal Maintaining that Human Jewelry is “Closely Related” to Pet Accessories

Wal-Mart Stores, Inc. asked the Trademark Trial and Appeal Board (TTAB) to reconsider its rejection of an application for the mark GEORGE in connection with watches, clocks, jewelry, and imitation jewelry in Class 14 (U.S…more

Administrative Appeals, Goods or Services, Likelihood of Confusion, Patent Examinations, Trademark Trial and Appeal Board

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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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Subject Matter Eligibility May Rest on Whether Software is “Technological”

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent eligibility…more

CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Patents, Prior Art

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No Love for ♥ DC

In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien…more

Real Party in Interest, Standing, Trademark Cancellation, Trademark Infringement, Trademark Registration

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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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Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property…more

Celebrities, Dilution, Fashion Design, Lanham Act, Marilyn Monroe

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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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No Love for ♥ DC

In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien…more

Real Party in Interest, Standing, Trademark Cancellation, Trademark Infringement, Trademark Registration

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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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Federal Circuit emphasizing “how” over “what.” But is that really enough?

TDE Petroleum Data Solutions, Inc. v AKM Enterprise, Inc. is one of several recent Federal Circuit cases concluding that pure data processing claims — that is, claims directed to merely collecting, analyzing, and outputting data…more

Abstract Ideas, Data Processors, Patent-Eligible Subject Matter, Patents

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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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Sanofi & Verily Launch a Diabetes Joint Venture

Sanofi, a French multinational pharmaceutical company, and Verily Life Sciences LLC (formerly Google Life Sciences), Alphabet’s U.S.-based company devoted to the study of life sciences, recently announced the launch of Onduo, a…more

Joint Venture, Life Sciences, Medical Devices, Pharmaceutical Industry, Sanofi

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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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U.S. Supreme Court Overturns Apple's $400M Award Against Samsung

A Unanimous U.S. Supreme Court Pulls Back the Reach of Damages Awards for Design Patents Summary The U.S. Supreme Court on Tuesday, December 6, 2016, unanimously held that damages awards for design patent infringement need not…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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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 | September 2016

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and…more

Accelerated Case Resolution (ACR), Bench Trial, Burden of Proof, Confusingly Similar, Cross Motions

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ICU Medical Buys Hospira Infusion Systems From Pfizer

ICU Medical and Pfizer have reached an agreement to transfer ownership of Hospira Infusion Systems to ICU Medical, according to a joint press release on October 6…more

Acquisitions, Hospira, Medical Devices, Pfizer

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Appeal of Final Refusal Maintaining that Human Jewelry is “Closely Related” to Pet Accessories

Wal-Mart Stores, Inc. asked the Trademark Trial and Appeal Board (TTAB) to reconsider its rejection of an application for the mark GEORGE in connection with watches, clocks, jewelry, and imitation jewelry in Class 14 (U.S…more

Administrative Appeals, Goods or Services, Likelihood of Confusion, Patent Examinations, Trademark Trial and Appeal Board

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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 (IPR) Proceeding, Patent Litigation

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FDA Planning Board Emphasizes Use of Data Sharing in Medical Device Monitoring

The FDA‘s planned National Evaluation System for Health Technology (NEST) will focus on new forms of clinical data, data sharing, and advanced analytics as the keys to optimizing the medical device ecosystem, says a new report…more

Data-Sharing, FDA, Health IT, Innovation, Medical Devices

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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 (IPR) Proceeding, Obviousness, Patent Trial and Appeal Board, Patent Validity

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Freedom to Operate and the Use of AIA Review

Freedom to Operate: •Identifying infringement risk •Third party patent (infringement) – claim searching –Timing •Discrete, continuous –Searching •In-house, search agency –Screening/analyzing •Ranking…more

Administrative Proceedings, America Invents Act, Defense Strategies, Germany, Intellectual Property Litigation

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10 Strategies For Aggressively Building A Patent Portfolio

Knobbe Martens Partner Ron Schoenbaum hosted an hour-long seminar on September 29 at Plug & Play Tech Center in Sunnyvale, CA. He covered how patent rights are commonly lost and 10 strategies startup companies need to know to…more

Inventors, Patent Applications, Patent Portfolios, Patents, USPTO

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Subject Matter Eligibility May Rest on Whether Software is “Technological”

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent eligibility…more

CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Patents, Prior Art

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

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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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Getting the Most from Biotech Patents in Europe Without Breaking the Bank: Selecting the Right Countries for Validation

Once a European patent application has been granted, all patentees must then choose to validate the granted application in one or more European countries. Such a decision may have long-term business and legal consequences. …more

Biotechnology, EU, European Patent Convention, European Patent Office, Patents

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Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and…more

Breach of Contract, Confusingly Similar, Contract Drafting, Contract Terms, Fashion Branding

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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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MHRA Updates Guidance on Healthcare Apps as Medical Devices

Healthcare apps are becoming a greater part of everyday life. The increasing prominence and functionality of these apps has lead to the question of when healthcare apps should be regulated as medical devices. In the United…more

App Developers, FDA, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), Mobile Health Apps

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Determining Patent Eligibility Pre-Claim Construction May Be Premature

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held…more

Abstract Ideas, Appeals, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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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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“World’s Smallest Pacemaker” Experiences Sizeable Success

Medtronic recently announced continued success with what it describes as “the world’s smallest pacemaker.” The Micra® Transcatheter Pacing System (TPS) is less than one-tenth of the size of traditional pacemakers (examples of…more

FDA, FDA Approval, Medical Devices, Medtronic

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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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Inter Partes Review - Petitioner Estoppel under 35 U.S.C. §315(e)(1)

The Patent Trials and Appeals Board ruled that Petitioner could not maintain a subsequent proceeding with respect to the same claim on a ground that it “reasonably could have raised” in a prior proceeding despite Petitioner…more

35 U.S.C. §315(e)(1), Estoppel, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

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Navigating 101 Eligibility - Waypoints from the Federal Circuit

Applicants embarking on the journey of preparing and prosecuting a patent application can have a difficult time navigating the ever changing legal waters. One struggle is answering the question, “Are my claims patent eligible…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Patent Applications, Patent Prosecution

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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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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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4 Ways to Maximize the Value of Your IP Counsel

1.Considering Your IP Counsel as a Partner - Companies maximize the value of their IP counsel when both the company and IP counsel view their relationship as a partnership. More specifically, look for IP counsel that…more

Attorney Communications, Intellectual Property Protection, Outside Counsel, Patents, Trademarks

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Tiffany Wins the Generic Battle, and the Spoils of War are Significant

In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of…more

Corporate Branding, Costco, Genericide, Jury Trial, Lanham Act

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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

See All Updates »

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of…more

Corporate Branding, Costco, Genericide, Jury Trial, Lanham Act

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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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Nestlé Continues Medical Industry Expansion

Nestlé Health Science S.A. recently announced that it will acquire Manchester, England-based Phagenesis Ltd. in a staged acquisition. Nestlé Health Science S.A., a subsidiary of Nestlé S.A., is the owner of more than a…more

Acquisitions, FDA, 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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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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The Supreme Court’s Decisions Not to Hear Patent Cases Leaves Federal Circuit Decisions on Key Questions Intact

The Supreme Court recently declined to hear several patent cases, thus leaving the decisions by the Federal Circuit intact. Issues that were not taken up by the Supreme Court include (1) whether performing patented methods for…more

Appeals, Certiorari, FDA, Hatch-Waxman, Inter Partes Review (IPR) Proceeding

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Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. This…more

Appeals, Assignor Estoppel, Covered Business Method Patents, Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding

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U.S. Appeals Court Finds a Software Patent Valid Even Under the Supreme Court’s “Alice” Test

A recent Federal Circuit decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, gives patent owners another illustration of patent subject matter eligibility under section 101…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Patent Validity, Patent-Eligible Subject Matter

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The USPTO “Patents 4 Patients” Program: What, How, and Why

On January 12, 2016, President Barack Obama announced his goal of a nationwide “Cancer Moonshot,” with the ultimate goal of accelerating cancer research “to end cancer as we know it” during his State of the Union Address As a…more

Accelerated Examination Program, Fast Track Process, National Cancer Moonshot, Patent Term Adjustment, Patents

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10 Intellectual Property Pitfalls Every Startup Should Avoid

Partner Thomas Yee and Associate Jonathan Menkes presented "10 IP Pitfalls Startups Should Avoid" to a group of local startup companies. Please see full Presenation below for more information…more

Corporate Branding, Due Diligence, Intellectual Property Protection, Patents, Popular

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Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and…more

Breach of Contract, Confusingly Similar, Contract Drafting, Contract Terms, Fashion Branding

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 »

Software Patent Eligibility: Preemption Gets Starring Role at the Federal Circuit

The Supreme Court decision Alice Corp. v. CLS Bank, 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject matter eligibility and its exceptions. But after Alice, it appeared preemption’s…more

Appeals, Ariosa, CLS Bank v Alice Corp, Evidence, Mootness

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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 »

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 (IPR) Proceeding, Patent Litigation

See All Updates »

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