Knobbe Martens Olson & Bear LLP

Orthofix secures option to acquire eNeura for $65 million

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

Acquisition Agreements, FDA, Medical Devices

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Federal Circuit Rules on Biosimilar Notice Requirement

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

Amgen, Apotex, Appeals, Biologics, Biosimilars

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Is Brexit an IP Exit?

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

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

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

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

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

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

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

Diagnostic Tests, FDA, FDA Approval, Medical Devices

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

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

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

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

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

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

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Federal Circuit Rules for The Medicines Company in Patent Litigation

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

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

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Protecting and Enforcing your High Technology Intellectual Property

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

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

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

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

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

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Wearable Medical Devices Market Trending Upwards

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

Diagnostic Tests, Global Market, Medical Devices, Wearable Technology

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PTAB Holds Orthophoenix Patent Claims Invalid

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

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

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USPTO Creates New Alternative For Responding to Final Rejections

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

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Supreme Court Eases Rules for Larger Patent Damage Awards

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

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

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Zimmer Biomet Buys LDR Holding for $1 Billion

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

Acquisitions, Medical Devices, Tender Offers

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Knobbe Martens Client Game Show Network Wins Affirmance of IPR Decision

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

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

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

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

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

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USPTO Creates New Alternative For Responding to Final Rejections

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

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Supreme Court Eases Rules for Larger Patent Damage Awards

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

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

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Federal Circuit Affirms Toshiba Win against NPE

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

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

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

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

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

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FDA Issues Draft Guidance for 3D Printed Medical Devices

The U.S. Food and Drug Administration (FDA) issued draft guidance for additive manufactured medical devices, more commonly known as 3D printed medical devices, on May 10, 2016. The draft guidance document, available here, is for…more

3D Printing, Draft Guidance, FDA, Medical Devices

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Cuba an Untapped Market for Medical Device Exports

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

Cuba, Exports, Imports, Medical Devices

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Why is Intellectual Property Important?

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

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

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Federal Circuit Rules for The Medicines Company in Patent Litigation

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

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

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VA Partners with IBM’s Watson for Genomics

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

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

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FDA Publishes "Purple Book" for Biosimilars

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

Biosimilars, FDA, Pharmaceutical Industry, Public Health Service Act

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Cook Medical Issues Voluntary Global Recall of Beacon Tip

FDA’s MedWatch recently posted a voluntary recall issued by Cook Medical recalling 4.1 million catheters using Cook’s Beacon Tip technology. The recall was initiated after 30 Medical Device Reports were received by the FDA. A…more

FDA, Medical Devices, Product Recalls, Safety Precautions

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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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Abbott to Acquire St. Jude Medical for $25 Billion

A burst of potential acquisitions and consolidations occurred on April 28th in the medical device world, the largest being Abbott Laboratories‘ deal to acquire St. Jude Medical Inc. The deal is for $25 billion dollars and would…more

Abbott Laboratories, Acquisitions, Medical Devices, Mergers

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FDA Issues Final Rule on Use of Symbols in Labeling

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

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

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

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

Australia, Biotechnology, DNA, Legal Perspectives, Myriad

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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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FDA Proposes Ban on Electrical Stimulation Devices for Aggressive or Self-Injurious Behavior

On April 25, the U.S. Food and Drug Administration published a proposed rule banning electrical stimulation devices (ESDs) used to treat aggressive or self-injurious behavior...…more

FDA, FDA Device Bans, Medical Devices, Proposed Regulation, Public Comment

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

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

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

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NuVasive Acquires Biotronic NeuroNetwork for $98 Million

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

Acquisitions, Life Sciences, Medical Devices

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Medtronic Acquires HeartWare for $1.1 Billion

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

Acquisitions, Life Sciences, Medical Devices, Medtronic, Popular

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RoundTable to Acquire Symmetry Surgical for $143 Million

Lake Forest, Illinois-based RoundTable Healthcare Partners recently announced an agreement to acquire Symmetry Surgical, Inc. RoundTable states that the acquisition will provide a new platform in surgical instrumentation and…more

Acquisitions, Medical Devices

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

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

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

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

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

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

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Getting The Deal Through - Trademarks 2016: United States

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

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

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Medical Device Update

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

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

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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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Getting The Deal Through - Trademarks 2016: United States

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

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

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Revenge of the Present Invention

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

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

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Software Patent Eligibility - A Post-Alice Landscape Discussion

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

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

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Navigating the Patent Minefield

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

Injunctions, Patent Infringement, Patent Litigation, Patents, USPTO

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

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

Professional Development, Young Lawyers

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FDA Plan to Exempt Medical Devices

The US Food and Drug Administration (“FDA”) recently released updated recommendations to exempt certain unclassified, Class I, and Class II medical devices from premarket notification requirements. The devices include certain…more

Exemptions, FDA, Medical Devices, Notification Requirements

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Reducing the Delay Between FDA Approval and CMS Reimbursement Coverage

The Centers for Medicare & Medicaid Services (CMS) recently confirmed that the Parallel Review program (first announced in 2010 and most recently extended until December 18, 2015) will be made permanent…more

CMS, FDA Approval, Medical Devices, Medical Reimbursement, Medical Research

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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 | June 2016

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of…more

Abstract Ideas, Appeals, Burden of Proof, CLS Bank v Alice Corp, Dismissals

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Appealing Medical Device Patent Cases

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

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

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Federal Circuit Review | June 2016

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of…more

Abstract Ideas, Appeals, Burden of Proof, CLS Bank v Alice Corp, Dismissals

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Medical Device Update

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

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

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

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

Advertising, Coca Cola, FDA, FDCA, Food Labeling

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Federal Circuit Rules for The Medicines Company in Patent Litigation

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

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

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Knobbe Martens Client Nomadix Prevails On Summary Judgment

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

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

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Researchers Unveil Ingestible Origami Robot

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

Artificial Intelligence, Medical Devices, Robotic Surgery, Robotics

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Smith & Nephew Sells Its Gynecology Business for $350 Million

Smith & Nephew recently announced that it will sell its gynecology business to Medtronic for $350 million. As part of the sale, Medtronic will obtain Smith & Nephew’s key gynecological surgical solution, called the TRUCLEAR…more

Acquisitions, Life Sciences, 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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The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

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

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

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USPTO Creates New Alternative For Responding to Final Rejections

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

Administrative Proceedings, Examiners, Patent Applications, Patents, USPTO

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Amazon’s clear labelling defeats MTM trademark claims

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

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

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Surgical, Medical, and Assistive Robotics

Robotic technology has been used in medicine for over 30 years. In 1985, a robot called the Puma 560 (shown at right) was used to perform a needle biopsy of human brain tissue. By the turn of the last century, it was widely…more

Medical Devices, Robotic Surgery, Robotics

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

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

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

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NuVasive To Acquire Ellipse Technologies

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

Acquisitions, Medical Devices

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Legal Alert: Good News for Software Patents?

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

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

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7 Intellectual Property Issues Startup Entrepreneurs Should Not Overlook

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

Entrepreneurs, Legal Perspectives, Patents, Popular, Startups

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

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

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

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Federal Circuit Rules for The Medicines Company in Patent Litigation

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

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

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Amazon’s clear labelling defeats MTM trademark claims

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

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

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Legal Alert: Good News for Software Patents?

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

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

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

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

FDA Approval, Medical Devices, Patents, USPTO

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

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

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

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

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

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

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Stryker Acquires Stanmore Implants

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

Acquisitions, Medical Devices, Stryker

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Design Patents Update

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

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

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Supreme Court Eases Rules for Larger Patent Damage Awards

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

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

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Trademark Review | June 2016

Coca-Cola has Acquired Secondary Meaning in ZERO for Colas - In an opposition proceeding before the TTAB, Royal Crown (RC) and Dr. Pepper/Seven Up sought to prevent registration of seventeen applications filed by Coca-Cola…more

Coca Cola, Confusingly Similar, Inherently Distinctive, Likelihood of Confusion, Royal Crown

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

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

FDA Approval, Medical Devices

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Aereo - A Reboot Opportunity For Broadcasters?

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

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

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Software Copyrights in an Evolving Digital World

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

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

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Three New Tools to Challenge Patents

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

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

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

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

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

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

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

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

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Software Patent Eligibility - A Post-Alice Landscape Discussion

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

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

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The Defend Trade Secrets Act: What You Should Do Now

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

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

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Alert: California and the EU’s Changing Privacy Laws

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

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

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

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

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

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

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

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

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

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

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

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Is Brexit an IP Exit?

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

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

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EU Reaches Deal on New Medical Device Regulations

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

Diagnostic Tests, EU, Innovation, Manufacturers, Medical Devices

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Supreme Court Affirms Broader Claim Construction Standard in IPRs

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

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

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HeartWare Cancels $930M Deal with Valtech Cardio

HeartWare International, Inc. has announced that it will not longer proceed with its previously announced deal to acquire Valtech Cardio, Ltd. Valtech is a privately held Israeli company developing transcatheter mitral and…more

Acquisitions, Medical Devices

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FDA’s Expedited Access Program: A Year in Review

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

EAP, FDA, FDA Approval, Medical Devices

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Federal Circuit Rules on Biosimilar Notice Requirement

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

Amgen, Apotex, Appeals, Biologics, Biosimilars

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

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

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

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Design Patents Update

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

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

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Design Patents Update

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

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

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The Defend Trade Secrets Act: What You Should Do Now

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

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

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Getting The Deal Through - Trademarks 2016: United States

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

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

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

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

FDA Approval, Medical Devices, Patents, USPTO

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Evaluating Freedom to Operate | Endovascular Today

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

Manufacturers, Medical Devices

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

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

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

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First Extended-Range Intraocular Lens Receives FDA Approval

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

FDA, FDA Approval, Medical Devices

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FDA grants Emergency Use Authorization to Quest Diagnostics for Zika Test

According to Medical Device Daily, the US Food and Drug Administration (FDA) has authorized the emergency use of a diagnostic molecular test developed by Quest Diagnostics subsidiary, Focus Diagnostics Inc., in response to…more

Emergency Response, FDA, FDA Approval, Zika

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The Brexit Effect on Medical Devices

The medical device industry has been struck by a wave of uncertainty in the wake of the United Kingdom’s (UK) historic vote to leave the European Union (EU). Until the breakup becomes official, British legislation should remain…more

EEA, EFTA, EU, Medical Devices, Pharmaceutical Industry

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China Issues First Update to Medical Device Clinical Trial Guidelines in 12 Years

The Chinese Food and Drug Administration (“CFDA”) recently announced its first update to the medical device clinical trial guidelines in 12 years. The finalized revision to the 2004 Medical Device Clinical Studies Rules…more

China, China FDA, Clinical Trials, Medical Devices

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Is Brexit an IP Exit?

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

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

See All Updates »

The Defend Trade Secrets Act: What You Should Do Now

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

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

See All Updates »

Federal Circuit Rules on Biosimilar Notice Requirement

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

Amgen, Apotex, Appeals, Biologics, Biosimilars

See All Updates »

Three New Tools to Challenge Patents

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

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

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