Knobbe Martens

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2040 Main Street
14th Floor
Irvine, CA 92614, United States
Phone: (949) 760-0404
Fax: (949) 760-9502
Areas of Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Washington
Number of Attorneys
100+ Attorneys

Boston Scientific closes acquisition of TAVI device company, Symetis

On March 30, 2017, Boston Scientific announced an agreement to acquire Symetis SA, a privately-held Swiss company focused on minimally-invasive transcatheter aortic valve implantation (TAVI) devices, for $435 million in cash…more

Acquisitions, Boston Scientific, Innovation, Medical Devices, 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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Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of product…more

Corporate Counsel, Doctrine of Equivalents, EU, European Patent Office, Obviousness

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Will Courts Consider Evidence of Patent Eligibility?

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to DataTreasury,…more

Abstract Ideas, Admissible Evidence, America Invents Act, Claim Limitations, Covered Business Method Proceedings

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Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex parte…more

Administrative Appeals, AIPLA, CLS Bank v Alice Corp, Ex Parte, Patent Examinations

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Trump Administration Policy Statement Calls for FDA Premarketing Activities to be Funded Entirely by Industry Fees

The Trump White House released a Statement of Administration Policy on Wednesday in response to the House of Representatives’ passage of H.R. 2430, a bill that would reauthorize the use of four FDA user fee programs: the…more

Biosimilars, FDA, GDUFA, Innovation, Medical Device User Fee Program (MDUFA IV)

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How to Lose an IPR but Amend Your Claims in Reexam and Keep Your Patent

On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the original patent claims…more

Amended Patent Claims, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Litigation Strategies, Patent Ownership

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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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How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts reasoning…more

Copyright, Copyright Infringement, Damages, Defense Strategies, Design Patent

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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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Litigation Misconduct Helps Render a Patent Unenforceable

In March 2014, Regeneron Pharmaceuticals, Inc. sued Merus B.V. for allegedly infringing U.S. Patent No. 8,502,018 (“the ’018 Patent"). The ’018 Patent generally relates to using vectors to modify genes and chromosomal loci in…more

Attorney Misconduct, Inequitable Conduct, Patent Infringement, Patents, Pharmaceutical 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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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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Philips Acquires EGI

Philips recently announced that it will purchase Electrical Geodesics, Inc. (EGI). The total value of the deal is estimated to be GBP 29.0 million (approximately $36.9 million). According to its website, EGI designs, develops,…more

Acquisitions, Medical Devices

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Settlement 5 Days Before Final Written Decision Deadline Results in Termination Of IPR

In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that they had settled their…more

Final Written Decisions, Inter Partes Review (IPR) Proceeding, Motion to Terminate, Patent Trial and Appeal Board, Patents

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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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Fundamentals of Document and ESI Discovery

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not…more

Attorney-Client Privilege, Community of Interest, Confidential Communications, Discovery, Document Productions

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How Technical Must an Improvement be to Survive 101?

The technical nature of a claimed improvement is central to the evaluation of claims under 35 U.S.C. § 101. Two recent district court opinions illustrate that whether or not the claims describe an improvement in the functioning…more

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

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Teleflex Acquires UroLift® Maker NeoTract for $1.1 Billion

Wayne, Pennsylvania-based Teleflex Inc. announced it will purchase privately-held NeoTract Inc. for approximately $1.1 billion. According to the press release, Teleflex will pay NeoTract $725 million when the deal closes and an…more

Acquisitions, Medical Devices, Technology

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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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PTAB Finds Claims Directed to an MRI Machine Patent-Ineligible

The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB 2016) that claims reciting a magnetic resonance imaging apparatus are directed to ineligible subject matter under 35 U.S.C. § 101…more

Computer-Related Inventions, Patent Applications, Patent Ownership, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

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Will Courts Consider Evidence of Patent Eligibility?

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to DataTreasury,…more

Abstract Ideas, Admissible Evidence, America Invents Act, Claim Limitations, Covered Business Method Proceedings

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ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and ATM…more

Cease and Desist Orders, Exclusion Orders, Financial Services Industry, Imports, ITC

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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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Orphan Drug Designation

“Orphan drug” is a designation given to certain pharmaceutical and biological products (drugs) that would likely not be developed due to a relatively small patient population and limited potential for profitability. In the…more

Biologics, Clinical Trials, FDA Approval, Orphan Drugs, Pharmaceutical Industry

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Janssen Biologic Tremfya Secures FDA Approval Following Use of Priority Review Voucher

On July 13, 2017, the U.S. Food and Drug Administration approved Tremfya (guselkumab), a biologic manufactured by Janssen Biotech, for the treatment of moderate-to-severe plaque psoriasis patients who are candidates for systemic…more

FDA Approval, Janssen Pharmaceuticals, Pharmaceutical Patents, Priority Review Vouchers

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Federal Circuit Upholds IPR Decision of Unpatentability in Skky v. MindGeek

The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017)…more

Appeals, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Means-Plus-Function, Obviousness

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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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ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and ATM…more

Cease and Desist Orders, Exclusion Orders, Financial Services Industry, Imports, ITC

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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 Exempts Numerous Medical Devices from 510(k) Premarket Notification Requirements

The United States Food and Drug Administration (FDA) issued a Notice on July 11, 2017, exempting 1,003 Class II medical devices from premarket notification requirements under Section 510(k). The Notice indicates that anyone…more

21st Century Cures Act, 510(k) RTA, Code of Federal Regulations (CFR), FDA, Medical Devices

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Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee

The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,…more

Administrative Proceedings, Appeals, Appellate Rules, Article III, Electronic Frontier Foundation

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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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Research into Cannabidiol (CBD) Progresses

Kalytera Therapeutics, clinical-stage pharmaceutical company, recently announced plans for clinical trials focused on the treatment of Graft versus Host Disease using Cannabidiol (CBD), a compound found in cannabis. This…more

Clinical Trials, Controlled Substances Act, Marijuana Cultivation, Medical Marijuana, Medical Research

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Interplay Between “Technological Invention” and “Significantly More” in PTAB CBM Review

On July 18, 2017, the United States Patent and Trademark Office Patent Trial and Appeal Board (“PTAB”) instituted a covered business method (“CBM”) patent review for U.S. Patent No. 8,955,029 (“the ’029 patent”) on grounds of…more

Covered Business Method Patents, Covered Business Method Proceedings, Patent Trial and Appeal Board, Patent Validity, Patents

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Takeda Pharmaceuticals Explores GI Devices in New Partnership with Nanotechnology Company

Takeda Pharmaceutical Company, a Japan-based global pharmaceutical company, recently announced an agreement with BioSurfaces Inc., a small Massachusetts research company, to research the development of medical devices for the…more

Biotechnology, Collaboration, Medical Devices, Medical Research, Nanotechnology

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How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts reasoning…more

Copyright, Copyright Infringement, Damages, Defense Strategies, Design Patent

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Nanochip Device with Potential To Heal Tissue and Organs

According to a regenerative medicine article published online on August 07, 2017 in the journal Nature Nanotechnology titled “Topical tissue nano-transfection mediates non-viral stroma reprogramming and rescue”, Researchers at…more

DNA, Innovation, Medical Devices, Nanomaterials, Nanotechnology

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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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Easyweb v. Twitter and the Rise of the Non-Precedential Opinion

In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to patent-ineligible subject matter...…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Supreme Court Will Decide Whether IPRs Are Unconstitutional

The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents – is unconstitutional in Oil…more

Administrative Proceedings, America Invents Act, Appeals, Article III, Certiorari

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The Medical Device Tax Lives On

For opponents of the 2.3 percent medical device tax, it looked like the repeal/replacement of the Affordable Care Act would alleviate their concerns. However, following the failure of repeal legislation that would have killed…more

Affordable Care Act, Legislative Agendas, Medical Device Tax, Medical Devices, Repeal

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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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District Court Awards Attorney’s Fees after Holding That Plaintiff Had Repeatedly Sought to Avoid a Section 101 Ruling

In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs…more

Abstract Ideas, Attorney's Fees, CLS Bank v Alice Corp, Exceptional Case, Litigation Fees & Costs

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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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Litigation Misconduct Helps Render a Patent Unenforceable

In March 2014, Regeneron Pharmaceuticals, Inc. sued Merus B.V. for allegedly infringing U.S. Patent No. 8,502,018 (“the ’018 Patent"). The ’018 Patent generally relates to using vectors to modify genes and chromosomal loci in…more

Attorney Misconduct, Inequitable Conduct, Patent Infringement, Patents, Pharmaceutical Patents

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FDA re-approves Mylotarg® antibody-drug conjugate seven years after it had been withdrawn from the market

Seven years after Mylotarg® (gemtuzumab ozogamicin) was voluntarily withdrawn from the market, the U.S. Food and Drug Administration has re-approved Mylotarg® product…more

Biopharmaceutical, FDA Approval, Patent Term Extensions, Pharmaceutical Industry, Pharmaceutical Patents

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Federal Circuit Affirms PTAB’s Obviousness Holding for Novartis’s Dementia Drug Patents

The Federal Circuit affirmed the PTAB’s final written decisions holding that claims directed to Novartis’s dementia drug compositions containing Exelon were obvious in Novartis AG v. Noven Pharm. Inc., No. 2016-1679 (Fed. Cir…more

Appeals, Burden of Proof, Clear and Convincing Evidence, Inter Partes Review (IPR) Proceeding, Novartis

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Tatcha v. Too Faced: What Shade is your Trade Dress?

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a…more

Cosmetics, Lanham Act, Likelihood of Confusion, Online Reviews, Product Packaging

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FDA Offers Guidance on Streamlined Development of Treatments for Rare Bacterial Infections

On August 1, 2017, the U.S. Food and Drug Administration released its draft guidance titled Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases, detailing proposals for…more

FDA, Infectious Diseases, Innovation, New Guidance, Personalized Medicine

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Speedboat RS2 Endoscopic Device Receives FDA Clearance

UK-based Creo Medical recently announced the clearance of its Speedboat RS2 surgical endoscopic device for minimally invasive removal of lesions in the bowel…more

Cancer, Expedited FDA Approval, FDA, Medical Devices

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MRI-Compatible Robot Aims to Improve Breast Cancer Biopsies

The University of Twente in Enschede, Netherlands recently introduced “the world’s smallest and most accurate 3D-printed biopsy robot,” called the Stormram 4. The device is designed to carry out biopsies during breast cancer…more

3D Printing, Medical Devices, Robotic Surgery, Robotics

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AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the law…more

AIPLA, CLS Bank v Alice Corp, Innovation, Intellectual Property Owner’s Association (IPO), Patent-Eligible Subject Matter

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Social Media Success: Trends in Pharma Digital Strategies

Information, the majority (73%) of pharmaceutical marketing teams expect to use or continue to use the popular social media forum Facebook to facilitate their digital marketing strategies over the next one to two years…more

Commercial Marketing, Medical Devices, Pharmaceutical Industry, Social Media

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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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Boston Scientific Announces Acquisition of Symetis for $435 Million

Boston Scientific Corporation recently announced an agreement to purchase Swiss medical device maker Symetis SA for $435 million in up-front cash.  The acquisition is expected to close in the second quarter of 2017…more

Acquisitions, Boston Scientific, Medical Devices

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House Passes Bill Relaxing Reporting Requirements

The U.S. House of Representatives recently passed the FDA Reauthorization Act of 2017. This bill seeks to change the requirement for companies to report medical device malfunctions to the FDA. Previously, companies had to…more

FDA, FDA Reauthorization Act, Medical Devices, Product Defects, Proposed Legislation

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ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and ATM…more

Cease and Desist Orders, Exclusion Orders, Financial Services Industry, Imports, ITC

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Embrace™ Neonatal MRI Device Gains FDA Clearance

On July 20, 2017, the Food and Drug Administration announced the clearance of “the first magnetic resonance imaging (MRI) device specifically for neonatal brain and head imaging in neonatal intensive care units (NICU)” to Aspect…more

510(k) RTA, Diagnostic Tests, FDA, Medical Devices, Premarket Approval Applications

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Analogous Analysis: A Survey of Recent PTAB Decisions Establishing Subject Matter Patent Eligibility

In 2014, the U.S. Supreme Court established the current framework for determining patent-eligible subject matter in Alice. The Alice framework is a two-part test, with step one requiring a determination regarding whether a claim…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, DDR Holdings v Hotels.com, Enfish v Microsoft

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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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Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design…more

Design Patent, Fashion Design, Patent Infringement, Patents, Utility 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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Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. 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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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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Federal Circuit Affirms Obviousness of Novartis’s Patent for Multiple Sclerosis Drug

The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir…more

Administrative Procedure Act, Appeals, Final Written Decisions, Novartis, Obviousness

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General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that…more

Acquired Distinctiveness, Color Marks, Corporate Branding, Exclusive Use, General Mills

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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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Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design…more

Design Patent, Fashion Design, Patent Infringement, Patents, Utility Patents

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AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the law…more

AIPLA, CLS Bank v Alice Corp, Innovation, Intellectual Property Owner’s Association (IPO), Patent-Eligible Subject Matter

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U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby…more

Appeals, Copyright, Damages, Defense Strategies, Equitable Estoppel

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Michigan Court Reinstates its Full $254 Million Award to Stryker for Competitor’s Infringing Wound Irrigation Devices

Patent Judgments & Awards - On July 19, 2017, a federal court in Michigan awarded Stryker Sales Corporation (“Stryker”) a total of more than $254,000,000 in its patent infringement suit against Zimmer Inc. and Zimmer Surgical…more

Attorney's Fees, Damages, Patent Infringement, Patents, Post-Judgment Interest

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Pharmacyclics Receives FDA Approval for Imbruvica in Treatment for Chronic Graft Versus Host Disease

On August 2, 2017, the U.S. Food and Drug Administration approved the use of Imbruvica® (ibrutinib) for the treatment of adult patients with chronic graft versus host disease (cGVHD) to Pharmacyclics LLC. Imbruvica® is the…more

Biotechnology, FDA Approval, Pharmaceutical Industry, Prescription Drugs, Stem cells

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Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing University of Florida’s Patents

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be…more

Contract Termination, Damages, IP License, Patent Infringement, Patents

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How to Lose an IPR but Amend Your Claims in Reexam and Keep Your Patent

On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the original patent claims…more

Amended Patent Claims, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Litigation Strategies, Patent Ownership

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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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Federal Circuit Review - August 2017

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district…more

Abuse of Discretion, Adverse Inference Instructions, Appeals, Attorney's Fees, Broadest Reasonable Interpretation Standard

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Activity Trackers Eye Inactivity Tracking

Fitbit recently announced plans to build sleep apnea diagnostics into its wrist-worn activity tracking devices, stating that it expects do so within a year.  If successful, Fitbit may be able to address a market that is expected…more

FDA, Fitbit, Medical Devices, Tracking Systems, Wearable Technology

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Catching Counterfeits: Customs Recordation and IP Enforcement

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of U.S…more

China, Copyright, Copyright Infringement, Copyright Registration, Counterfeiting

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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 - August 2017

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district…more

Abuse of Discretion, Adverse Inference Instructions, Appeals, Attorney's Fees, Broadest Reasonable Interpretation Standard

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Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement to Defend Against IPR of RESTASIS® Patents

In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University of Maryland,…more

Eleventh Amendment, Inter Partes Review (IPR) Proceeding, IP Assignment Agreements, Litigation Strategies, Motion to Dismiss

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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 Compared to ‘Star Trek Tricorder’ Presented at AACC

Basil Leaf Technologies recently presented their DxtER device at the 69th AACC Annual Scientific Meeting & Clinical Lab Expo in San Diego…more

FDA Approval, Health IT, Innovation, Medical Devices, Mobile Medical Applications

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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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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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EIT Acquires Patent Portfolio For 3D Printed Spinal Fusion Cages

On August 22, 2017, Emerging Implant Technologies GmbH (EIT) announced the acquisition of 22 patents and pending applications relating to 3D printed expandable spinal fusion cages based on living hinges from Dr. Morgan Lorio, a…more

3D Printing, Acquisitions, FDA Approval, Innovation, Life Sciences

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Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex parte…more

Administrative Appeals, AIPLA, CLS Bank v Alice Corp, Ex Parte, Patent Examinations

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Federal Circuit upholds Millennium’s Patent on Velcade®

MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC - (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) - This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought FDA…more

ANDA, Appeals, FDA, Generic Drugs, Obviousness

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Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing University of Florida’s Patents

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be…more

Contract Termination, Damages, IP License, Patent Infringement, 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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Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee

The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,…more

Administrative Proceedings, Appeals, Appellate Rules, Article III, Electronic Frontier Foundation

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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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Changes to PTAB Practice Proposed by STRONGER Patents Act of 2017

The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored by…more

America Invents Act, Burden of Proof, Claim Amendments, Claim Construction, Inter Partes Review (IPR) Proceeding

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Federal Circuit Finds Claims Directed to Encoding and Decoding Image Data Patent-Ineligible

The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This ruling further highlights…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, McRo v Bandai Namco, Patent-Eligible Subject Matter

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How to Avoid Mutilating Your Trademark

In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation…more

Appeals, Corporate Counsel, Examination Attorneys, Trademark Mutilation, 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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U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the…more

Exports, Foreign Sales, Imports, Impression Products v Lexmark International, IP License

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Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design…more

Design Patent, Fashion Design, Patent Infringement, Patents, Utility Patents

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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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CalAmp Hit with Treble Damages for Willful Infringement of a Patent Assertion Entity’s Portfolio of Auto Tracking Patents

Patent Judgments & Awards - In a final judgment dated July 19, 2017, a Florida federal court awarded treble damages to Omega Patents, a non-practicing patent licensing entity, for the infringement of five patents directed to…more

Attorney's Fees, Litigation Fees & Costs, Patent Assertion Entities, Patent Infringement, Patents

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What the *TM*?!?! The Disparagement Clause has been Bleeped.

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty products. …more

Disparagement, Fashion Branding, Fashion Industry, First Amendment, Free Speech

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What the *TM*?!?! The Disparagement Clause has been Bleeped.

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty products. …more

Disparagement, Fashion Branding, Fashion Industry, First Amendment, Free Speech

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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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Philips Acquires Spectranetics for $2.16 Billion

According to a June 28, 2017 press release, Dutch healthcare company Philips has agreed to buy Colorado Springs-based Spectranetics Corporation, a cardiac device manufacturer, for approximately 1.9 billion euros ($2.16 billion),…more

Acquisitions, Medical Devices, Share Buybacks, Shareholders

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Music Licensing Basics: How to Legally Use Someone’s Music in Your Business

Introduction - •Music copyrights: –Musical works – sheet music and lyrics •Author is generally composer/lyricist and controls •Can be administered through a music publisher - Please see full Presentation below for…more

ASCAP, BMI, Copyright, Fair Use, IP License

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Federal Circuit Vacates PTAB Claim Construction and Obviousness Conclusion in Eli Lilly’s IPR against LA BioMed

The Federal Circuit held that a rat study in a provisional application and a conversion method in an uncited reference did not support the claimed human dosage form in Los Angeles Biomed. Research Inst. v. Eli Lilly & Co., No…more

Appeals, Claim Construction, Eli Lilly, Inter Partes Review (IPR) Proceeding, Obviousness

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PTAB Denies Apple's Motion to Withdraw IPR Petition and Motion for Joinder

The PTAB denied Apple’s motion to withdraw both its IPR petition and concurrent motion for joinder to prevent Apple from circumventing potential estoppel ramifications in Apple Inc. v. Papst Licensing GmbH & Co. KG,…more

Apple, Estoppel, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Joinder

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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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This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under…more

Apple v Samsung, Article of Manufacture, Broadest Reasonable Interpretation Standard, Calculation of Damages, Commercial Offer for Sale

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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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Recall Highlights Medical Device Cybersecurity Issues

On August 29, the FDA announced a recall of 465,000 implantable pacemakers, citing concerns that hackers may be able to take control of the pacemakers’ settings. This would open patients up to danger from improper pacing or…more

Cybersecurity, FDA, Health Canada, Medical Devices, Patient Privacy Rights

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Have You Been Duped?

In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of the…more

Acquired Distinctiveness, Fashion Branding, Fashion Design, Fashion Industry, Trade Dress

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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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Magistrate Judge Recommends IPR Estoppel Bar of Prior Art References

A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting invalidity grounds that…more

Concurrent Litigation, Estoppel, Inter Partes Review (IPR) Proceeding, Microsoft, Patent Infringement

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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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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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PTAB Applies Collateral Estoppel to Exclude Purported Patent Owner

The PTAB issued an order applying collateral estoppel to determine that one purported owner of U.S. Patent 7,215,752 and U.S. Patent 7,844,041 (the “challenged patents”) had no authority to act as the patent owner in Microsoft…more

Collateral Estoppel, Dismissal With Prejudice, Expungement, Inter Partes Review (IPR) Proceeding, IP Assignment Agreements

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Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. 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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District Court Awards Attorney’s Fees after Holding That Plaintiff Had Repeatedly Sought to Avoid a Section 101 Ruling

In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs…more

Abstract Ideas, Attorney's Fees, CLS Bank v Alice Corp, Exceptional Case, Litigation Fees & Costs

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Federal Circuit Upholds IPR Decision of Unpatentability in Skky v. MindGeek

The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017)…more

Appeals, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Means-Plus-Function, Obviousness

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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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Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing University of Florida’s Patents

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be…more

Contract Termination, Damages, IP License, Patent Infringement, Patents

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FDA re-approves Mylotarg® antibody-drug conjugate seven years after it had been withdrawn from the market

Seven years after Mylotarg® (gemtuzumab ozogamicin) was voluntarily withdrawn from the market, the U.S. Food and Drug Administration has re-approved Mylotarg® product…more

Biopharmaceutical, FDA Approval, Patent Term Extensions, Pharmaceutical Industry, Pharmaceutical Patents

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Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First…more

Appeals, Disparagement, Fashion Industry, First Amendment, Free Speech

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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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Shifting Venue for Patent Infringement Lawsuits

Knobbe Martens attorneys Nicholas Zovko and Brandon Smith co-authored "Shifting Venue for Patent Infringement Lawsuits" for the Orange County Business Journal Intellectual Property Law Supplement. Excerpt: The U.S. Supreme…more

Patent Litigation, Principal Place of Business, TC Heartland LLC v Kraft Foods

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Federal Circuit Holds That the PTAB May Consider Legal Conclusions of Obviousness by Expert Witnesses That Are Supported by Underlying Factual Findings

The Federal Circuit held that the PTAB may consider legal conclusions of obviousness by experts, but the expert papers must make adequate factual findings and provide a satisfactory explanation as to determinations of…more

Appeals, Expert Testimony, Incorporated by Reference, Inter Partes Review (IPR) Proceeding, Obviousness

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Gilead to Acquire Kite Pharma for $11.9 Billion

Gilead Sciences, Inc. recently announced an agreement to acquire Kite Pharma, Inc. for $11.9 billion. According to the announcement, Kite Pharma focuses on cell therapy treatment for cancer, which involves the genetic…more

Acquisitions, Cancer, Gilead Sciences, Life Sciences, Pharmaceutical Industry

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Michigan Court Reinstates its Full $254 Million Award to Stryker for Competitor’s Infringing Wound Irrigation Devices

Patent Judgments & Awards - On July 19, 2017, a federal court in Michigan awarded Stryker Sales Corporation (“Stryker”) a total of more than $254,000,000 in its patent infringement suit against Zimmer Inc. and Zimmer Surgical…more

Attorney's Fees, Damages, Patent Infringement, Patents, Post-Judgment Interest

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Excelsius GPSTM: Globus Medical Receives 510(k) Clearance for Robotic Surgery Platform

Globus Medical announced early yesterday that the Excelsius GPSTM surgical platform has received 510(k) clearance from the U.S. Food and Drug Administration (FDA), as reported by a press release dated August 17, 2017…more

510(k) RTA, FDA, Medical Devices, Robotic Surgery, Robotics

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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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Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement to Defend Against IPR of RESTASIS® Patents

In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University of Maryland,…more

Eleventh Amendment, Inter Partes Review (IPR) Proceeding, IP Assignment Agreements, Litigation Strategies, Motion to Dismiss

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Federal Circuit Finds Claims Directed to Securing Financing Patent Ineligible

In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No. 6,950,807 for providing…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Covered Business Method Proceedings, Patent Trial and Appeal Board

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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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General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that…more

Acquired Distinctiveness, Color Marks, Corporate Branding, Exclusive Use, General Mills

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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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U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the…more

Exports, Foreign Sales, Imports, Impression Products v Lexmark International, IP License

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

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed at…more

Corporate Branding, Costco, Damages, Genericide, Jury Trial

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

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed at…more

Corporate Branding, Costco, Damages, Genericide, Jury Trial

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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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Researchers Announced A New Implantable Energy Storage System Powered By The Patient’s Body

UCLA announced that scientists from UCLA and University of Connecticut designed a new form of energy storage for powering implantable medical devices that do not require a battery.  According to the announcement, this design…more

Innovation, Medical Devices, Technology, UCLA

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Testing of Jenex TherOZap™ Device Set to Begin

Luminar Media Group recently announced that, after completing development of a working prototype device, the Jenex Corporation has signed an agreement with the Techna Institute at the University Health Network to begin testing…more

Medical Devices, Patents, Testing Requirements, Zika

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Pediatric Healthcare Innovators Compete for Funding

The FDA, according to its website, currently supports eight consortia that provide advice and funding to help commercialize technologies for pediatric care. The FDA defines “pediatric” as encompassing devices used for patients…more

FDA, Grants, Innovation, Pediatrics

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Strategic Partnership Announced between BioSig Technologies and Mayo Clinic

BioSig Technologies recently announced a ten-year strategic agreement with Mayo Clinic and Mayo Clinic Ventures. According to the press release, the agreement aims to advance clinical features of BioSig’s PURE EP System, which…more

Innovation, Mayo Clinic, Medical Devices, Strategic Partnerships, Technology

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Tatcha v. Too Faced: What Shade is your Trade Dress?

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a…more

Cosmetics, Lanham Act, Likelihood of Confusion, Online Reviews, Product Packaging

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Federal Circuit upholds Millennium’s Patent on Velcade®

MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC - (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) - This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought FDA…more

ANDA, Appeals, FDA, Generic Drugs, Obviousness

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Board Denies Kyle Bass Challenge Against Biogen’s Tecfidera® Patent In View of Unexpected Results

The PTAB issued a Final Written Decision finding that Biogen’s patent on treating Multiple Sclerosis (“MS”) with a certain dose amount was not obvious because the clinical efficacy exhibited by administering this dose amount was…more

Final Written Decisions, Inter Partes Review (IPR) Proceeding, Kyle Bass, Nonobvious, Obviousness

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FDA Offers Guidance on Streamlined Development of Treatments for Rare Bacterial Infections

On August 1, 2017, the U.S. Food and Drug Administration released its draft guidance titled Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases, detailing proposals for…more

FDA, Infectious Diseases, Innovation, New Guidance, Personalized Medicine

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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

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ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and ATM…more

Cease and Desist Orders, Exclusion Orders, Financial Services Industry, Imports, ITC

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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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Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original $124 Million Damages Award

Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”) approximately…more

Appeals, Damages, Enhanced Damages, Lost Profits, Patent Infringement

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Shifting Venue for Patent Infringement Lawsuits

Knobbe Martens attorneys Nicholas Zovko and Brandon Smith co-authored "Shifting Venue for Patent Infringement Lawsuits" for the Orange County Business Journal Intellectual Property Law Supplement. Excerpt: The U.S. Supreme…more

Patent Litigation, Principal Place of Business, TC Heartland LLC v Kraft Foods

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