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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Notice Letters and Communications May Form a Basis for Personal Jurisdiction

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related…more

Appeals, Apple, Burden of Proof, Declaratory Judgments, Intellectual Property Protection

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Federal Court Lacked Jurisdiction over Contract Dispute Implicating Patent Infringement

INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC - Before Prost, Newman, and Stoll.  Appeal from the United States District Court for the Southern District of Florida. Summary: Alleging that a contract issue…more

Appeals, Breach of Contract, Dismissals, Diversity Jurisdiction, Federal Question Jurisdiction

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When and Where to File Patent Applications

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which…more

Canada, Canadian Intellectual Property Office (CIPO), Grace Period, Innovation, Intellectual Property Protection

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Can’t Stop a Bull: Limits of Claim Preclusion

INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar an…more

Claim Preclusion, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Clarity and Progress at the USPTO: The USPTO Publishes Revised Guidance on Patent Eligible Subject Matter

On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the…more

Abstract Ideas, CLS Bank v Alice Corp, Judicial Exception, Mayo v. Prometheus, New Guidance

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Fintiv Is the New Nhk Springs: New Informative Decisions Sharpen the PTAB’s Focus on Discretionary Denials and Provide Guideposts for Parties

The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the PTAB’s…more

§314(a), Apple, Denial of Institution, Inter Partes Review (IPR) Proceeding, Parallel Proceedings

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Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving…more

Due Diligence, FDA Approval, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences

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May I Still Call Her Daddy? IP Considerations for When Influencers Outgrow the Brands That Back Them

When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet. Barstool…more

Brand, Contract Negotiations, Contract Terms, Influencers, Instagram

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Issue Preclusion at the ITC: New Developments for Trademark-Based Claims

Investigations at the International Trade Commission (“ITC”) often involve intellectual property disputes that may also be the subject of parallel litigation in district court. This parallel litigation is often stayed pending…more

Claim Preclusion, Consent Order, Intellectual Property Protection, International Trade Commission (ITC), Issue Preclusion

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PTAB Need Not Consider Mountain of Evidence Submitted Without a Map

PARUS HOLDINGS, INC. V. GOOGLE LLC - Before Lourie, Bryson, and Reyna.  Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary:  PTAB did not err in declining to consider…more

Google, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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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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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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FDA Grants Breakthrough Device Designation for EndoStim’s GERD Treatment

EndoStim announced on October 25th that the FDA granted a breakthrough device designation for the company’s implantable neurostimulation treatment for drug refractory gastroesophageal reflux disease (GERD)…more

Food and Drug Administration (FDA), Life Sciences, Medical Devices, Pharmaceutical Industry

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Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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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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Invalidating Patents Under §101 in the Early Stages of Litigation Still Possible Post-Berkheimer and Aatrix

Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice. Whether a claim recites…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Federal Rule 12(b)(6), Genuine Issue of Material Fact

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Google Buys Fitbit for $2.1B

Wearable fitness products company Fitbit Inc. announced Friday it entered a definitive agreement to be acquired by Alphabet Inc.-owned Google for $7.35 per share in cash, valuing the company at approximately $2.1 billion. James…more

Acquisitions, Fitbit, Google, Health Information Technologies, Healthcare

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Federal Circuit Decision May Give Second Chance to Some PTAB Litigants

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued an important decision affecting inter partes review (“IPR”) and possibly other cases decided by the Patent Trial and Appeal Board (“PTAB”).  The…more

Administrative Patent Judges, Appeals, Appointments Clause, Constitutional Challenges, Ex Partes Reexamination

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FDA Releases Draft Guidances on 510(k) Submissions

On September 6, 2023, the U.S. Food & Drug Administration (FDA) released three draft guidance documents to provide updated recommendations on the 510(k) Program to “keep pace with the increasing complexity of rapidly evolving…more

510(k) RTA, Draft Guidance, Food and Drug Administration (FDA), Medical Devices, Public Comment

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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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Objective Evidence in Determining Obviousness

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Medical Devices, Medtronic, Obviousness

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PTAB Need Not Consider Mountain of Evidence Submitted Without a Map

PARUS HOLDINGS, INC. V. GOOGLE LLC - Before Lourie, Bryson, and Reyna.  Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary:  PTAB did not err in declining to consider…more

Google, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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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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NCAA Rules Limiting Education-Related Benefits Violate Antitrust Laws

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. ALSTON - Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice Kavanaugh; On writs of certiorari to the United States Court of Appeals for…more

Alston v NCAA, Antitrust Violations, College Athletes, NCAA, Restraint of Trade

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Inventor’s Testimony Regarding Actual Reduction to Practice Was Sufficiently Corroborated

DIONEX SOFTRON GMBH v. AGILENT TECHNOLOGIES, INC. - Before: Reyna, Chen, and Stark. Appeal from the Patent Trial and Appeal Board. - Summary: The PTAB did not err in considering evidence corroborating actual reduction to…more

Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patents

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A Skilled Artisan Cannot “At Once Envisage” Each Member of a Large Class

MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP. - Before Lourie, Reyna and Stoll.  Appeal from the Patent Trial and Appeal Board. - Summary: “At once envisage” what is missing cannot fill in the gap to establish…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in…more

Amazon, Attorney-Client Privilege, Cease and Desist, Corporate Branding, Corporate Counsel

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Boston Scientific to Acquire Axonics for $3.7 Billion

Boston Scientific Corporation (“Boston Scientific”) announced on January 8 that it has entered into a definitive agreement to acquire Axonics, Inc. (“Axonics”) for an equity value of approximately $3.7 billion.  The timing of…more

Acquisition Agreements, Boston Scientific, Corporate Sales Transactions, Healthcare, Life Sciences

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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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IPR Proceedings Were Not Prohibited by a Forum Selection Clause in a Non-disclosure Agreement

KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties'…more

Breach of Contract, Forum Selection, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Non-Disclosure Agreement

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In Re Rembrandt Techs., LP Patent Litig.

Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the outcome…more

Abuse of Discretion, Appeals, Attorney's Fees, Exceptional Case, Frivolous Lawsuits

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Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session…more

Abstract Ideas, Administrative Procedure, America Invents Act, Biotechnology, Claim Amendments

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Enovis Corp. Acquires LimaCorporate for $846 Million

Enovis Corporation (“Enovis”) announced on September 25, 2023, that it has agreed to acquire LimaCorporate S.p.A (“LimaCorporate”)…more

Acquisition Agreements, Healthcare, Life Sciences, Manufacturer Liability, Manufacturers

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Left Atrial Appendage Occlusion Device Maker Conformal Medical Raises $35 Million in Oversubscribed Series D Round

On June 5, 2023, Conformal Medical Inc., developer of a left atrial appendage occlusion system, announced a successful Series D funding round, raising a total of $35 million. The round was led by SPRIG Equity with participation…more

Capital Raising, Crowdfunding, Investment, Life Sciences, Medical Devices

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New 101 Guidance from USPTO – What Does It Change?

On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019…more

Abstract Ideas, Guidance Update, Patent Applications, Patent Examinations, Patent-Eligible Subject Matter

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Patent Directed to System for Controlling Access to Drugs Is Not Listable in the Orange Book

JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC - Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: A patent directed to a system to reduce…more

Food & Drug Regulations, Food and Drug Administration (FDA), Hatch-Waxman, Intellectual Property Protection, Jazz Pharmaceuticals

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Draft Framework for Exercise of March-In Rights under Bayh-Dole Act Targets High Drug Pricing

The National Institute of Standards and Technology (NIST) released for public comment a “Draft Interagency Guidance Framework for Considering the Exercise of March In-Rights” (“March-In Framework”) on December 8, 2023 following…more

Bayh-Dole Act, Biden Administration, Comment Period, Competition, Drug Pricing

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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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The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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The Importance of Being First – Fashion and Trademarks for Coronavirus/COVID-19

About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear…more

Coronavirus/COVID-19, Fashion Branding, Fashion Industry, Intellectual Property Protection, Trademark Application

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FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military Association

The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial…more

Advertising, Enforcement Actions, Federal Trade Commission (FTC), Goods or Services, Made in the USA

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Antitrust Lawsuit Brought Against Drug Manufacturer Based on Its Allegedly Improper Listing of Device Patents in the FDA’s Orange Book

As we recently discussed, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug Administration’s (“FDA”)…more

Antitrust Violations, Biotechnology, Enforcement Actions, Federal Trade Commission (FTC), Food & Drug Regulations

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Clarity and Progress at the USPTO: The USPTO Publishes Revised Guidance on Patent Eligible Subject Matter

On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the…more

Abstract Ideas, CLS Bank v Alice Corp, Judicial Exception, Mayo v. Prometheus, New Guidance

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Unraveling Hose Inventorship – From Idea to Contribution

BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC - Before Prost, Chen, and Stark. Appeal from the United States District Court for the District of New Jersey. - Summary: Alleged joint inventor contributed significantly to…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Ownership

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Searching for How: The Federal Circuit’s Continued Quest under Alice

On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35…more

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

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Suede Timbs on My Feet Make [Nas’s] Cipher Complete, but Timberland’s Section 2(f) Evidence Was Slacking and Acquired Distinctiveness Was Lacking

The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed to…more

Acquired Distinctiveness, Fashion Industry, Trademark Act, Trademark Registration, Trademark Trial and Appeal Board

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Report Finds European Union's Assessment of High-Risk Medical Devices of Low Quality

A report appearing in the December 2017 issue of Value in Health, (a journal of the International Society for Pharmacoeconomics and Outcomes Research) concluded that assessments of high-risk medical devices in the European Union…more

EU, Evidence, Medical Devices, Medical Evaluation Reports, Scientific Evidence

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FDA Clears Neurovalens’s Modius Sleep for Insomnia Treatment

Neurovalens successfully secured 510(k) clearance from the FDA on October 27, 2023 for its Modius Sleep device with relation to treatment of insomnia and/or anxiety.   The clearance was supported by data collected from a Phase…more

510(k) RTA, FDA Approval, Food and Drug Administration (FDA), Healthcare, Life Sciences

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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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Can’t Stop a Bull: Limits of Claim Preclusion

INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar an…more

Claim Preclusion, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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PTAB Designates as Precedential Decision Exercising 314(A) Discretion to Deny Institution of Follow-On Petition Filed by a Different Party

Summary: The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution even if the follow-on petition is filed by a different…more

Co-Defendants, Follow-On Patent Petitions, HTC, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Antitrust Lawsuit Brought Against Drug Manufacturer Based on Its Allegedly Improper Listing of Device Patents in the FDA’s Orange Book

As we recently discussed, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug Administration’s (“FDA”)…more

Antitrust Violations, Biotechnology, Enforcement Actions, Federal Trade Commission (FTC), Food & Drug Regulations

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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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Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can…more

Appeals, Attorney's Fees, Bad Faith, Declaratory Judgments, Inequitable Conduct

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Low-Bar for Corroboration

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship…more

Corroboration, Evidence, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Inventors

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FDA Issues Long-Overdue Regulations on Direct-To-Consumer Advertisements for Prescription Medications

On November 21, 2023, the FDA published its final rule changing how prescriptions medicines are advertised to consumers. The FDA first issued its proposed rule in 2010, which subsequently went through three public comment…more

Advertising, Direct to Consumer Sales, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare

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USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et al.,…more

Amgen v Sanofi, Biotechnology, Intellectual Property Protection, Inventions, Patent Examinations

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Where's the Beef? Establishing Fame in Trademark Disputes

A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through…more

Advertising, Appeals, Corporate Branding, Dismissals, DuPont Factors

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IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response

AXONICS, INC. v. MEDTRONIC, INC. Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent owner…more

Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Medtronic, Obviousness

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Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY

The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three judge…more

Costco, Counterclaims, Counterfeiting, Fair Use, Fashion Industry

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Reseller or Distributer Beware? Downstream Liability for Infringing a Patented Process

As retailers or distributors that are not manufacturers of a product, companies may believe they cannot infringe a patent claiming how the product is made. After all, the retailers or distributors are not performing any steps of…more

Distributors, Life Sciences, Manufacturers, National Institute of Health (NIH), Patent Infringement

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Introduced Patent Eligibility Restoration Act of 2023 (PERA) Seeks to Revitalize Patent Eligibility Standards

On June 6, 2023, the Senate Judiciary Committee's Subcommittee on Intellectual Property introduced a Bill entitled “Patent Eligibility Restoration Act of 2023” (PERA) aiming to amend the law relating to patent subject matter…more

Abstract Ideas, Biotechnology, Intellectual Property Protection, Inventions, Judicial Exception

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Arctic Cat Inc. v. GEP Power Products, Inc.

Federal Circuit Summary - Before Prost, Reyna, Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where the preamble of a claim merely identifies an intended use and does not impose a structural requirement,…more

Appeals, Claim Construction, Inter Partes Review (IPR) Proceeding, Inventions, Patent Invalidity

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BrainsWay Deep TMS System Receives FDA Clearance for OCD Treatment

Israel-based BrainsWay recently announced the de novo FDA clearance of its Deep Transcranial Magnetic Stimulation (TMS) system for treatment of obsessive compulsive disorder (OCD)…more

FDA De Novo Clearance, Israel, Medical Devices

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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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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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FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military Association

The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial…more

Advertising, Enforcement Actions, Federal Trade Commission (FTC), Goods or Services, Made in the USA

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Grunenthal GMBH v. Alkem Laboratories Limited

Before Judges Reyna, Taranto, and Chen. Appeal from the U.S. District Court for the District of New Jersey. Summary: There may be no reasonable expectation of success in producing a specific polymorph of a compound when that…more

Appeals, Generic Drugs, Obviousness, Patent Infringement, Patent Invalidity

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The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in…more

Foreign Defendants, Forum, Intellectual Property Protection, Lack of Jurisdiction, Patent Infringement

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What You “Said” in Your Claims May Be Limiting

SALAZAR V. AT&T MOBILITY LLC - Before Stoll, Schall, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary: While the indefinite article “a” means “one or more” in open ended…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Discretionary Denial as a Case Management Tool: PTAB Requires Petitioner to Rank its Six IPR Petitions by Merit and then Institutes on only Highest Ranked Petition

Following the Supreme Court’s decision in SAS v. Iancu, which held that an IPR institution is an “all-or-nothing” proposition, the PTAB lost its ability to rely on “partial institutions” as a case management tool (e.g., by…more

§315(e), Comcast, Estoppel, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC)

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District Court Finds Mylan (Viatris) Infringes Regeneron’s Eylea Patent

On December 27, 2023, Judge Thomas S. Kleeh of the United States District Court for the Northern District of West Virginia issued an order finding that Mylan (Viatris) infringed claims 4, 7, 9, 11, and 14-17 of Regeneron’s U.S…more

Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation, Patents

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Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking

GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth…more

Fifth Amendment, Government Agencies, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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PurePredictive, Inc. v. H2O.AI, Inc.: Northern District of California Invalidates Machine Learning Claims Under Section 101

Machine learning is one of the fastest growing categories of granted patents[1].  However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts…more

Artificial Intelligence, CLS Bank v Alice Corp, Computer-Related Inventions, Motion to Dismiss, Patent Infringement

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Suede Timbs on My Feet Make [Nas’s] Cipher Complete, but Timberland’s Section 2(f) Evidence Was Slacking and Acquired Distinctiveness Was Lacking

The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed to…more

Acquired Distinctiveness, Fashion Industry, Trademark Act, Trademark Registration, Trademark Trial and Appeal Board

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Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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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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Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session…more

Abstract Ideas, Administrative Procedure, America Invents Act, Biotechnology, Claim Amendments

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Free Samples and Fillers: No Teaching Away or Commercial Success

INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot count…more

Commercial Success, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Life Sciences, Patent Infringement

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Judicial Review Is Available for PTO Director’s Fintiv Rulemaking Procedure

APPLE INC. v. VIDAL - Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Judicial review is available to determine whether the PTO Director’s…more

Apple, Arbitrary and Capricious, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Description Prescription

REGENTS OF THE UNIVERSITY OF MINNESOTA V. GILEAD SCIENCES, INC. Before Lourie, Dyk, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: For drug patents, adequate written description of a broad genus…more

Food and Drug Administration (FDA), Gilead Sciences, Inter Partes Review (IPR) Proceeding, Patent Applications, Patent Infringement

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Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino…more

Breach of Contract, Cease and Desist Orders, Contract Terms, Copyright, Copyright Infringement

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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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The Federal Trade Commission Put Brand Drug Manufacturers on Notice About Improperly Listing Patents in the Orange Book and Then Followed Through With More Than 100 Patent Challenges

The Federal Trade Commission (FTC) issued a policy statement on September 14, 2023, stating that “[b]rand drug manufacturers may be harming generic competition through the improper listing of patents in the Food and Drug…more

Competition, Federal Trade Commission (FTC), Food & Drug Regulations, Food and Drug Administration (FDA), FTC Act

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Introduced Patent Eligibility Restoration Act of 2023 (PERA) Seeks to Revitalize Patent Eligibility Standards

On June 6, 2023, the Senate Judiciary Committee's Subcommittee on Intellectual Property introduced a Bill entitled “Patent Eligibility Restoration Act of 2023” (PERA) aiming to amend the law relating to patent subject matter…more

Abstract Ideas, Biotechnology, Intellectual Property Protection, Inventions, Judicial Exception

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2019 Eligibility Guidance Leads to Unpredictable Results at the PTAB

In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the requirements of 35 USC Section 101. The guidance sought to add…more

Abstract Ideas, New Guidance, Patent Applications, Patent Examinations, Patent Trial and Appeal Board

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Jury Verdict of Patent Infringement in Favor of iLife Against Nintendo Awarding $10 Million in Damages

Judgments and Awards - On August 31, 2017, a jury in the Northern District of Texas returned a verdict of patent infringement in favor iLife and against Nintendo. The case went to trial after the Federal Circuit on July 26,…more

Damages, Jury Verdicts, Nintendo, Patent Infringement, Patent Royalties

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No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry

DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC - Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A determination as to whether a reference is analogous art to a claimed invention…more

Analogous Art, Inter Partes Review (IPR) Proceeding, Inventors, Obviousness, Patent Litigation

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Aesthetic Appeal Does Not Render Design Patent Invalid

AUTOMOTIVE BODY PARTS ASS'N v. FORD GLOBAL TECHNOLOGIES, LLC - Before Hughes, Schall, and Stoll. Appeal from the United States District Court for the Eastern District of Michigan. Summary: Aesthetic appeal is not an…more

Design Patent, Exhaustion Doctrine, Intellectual Property Protection, Patent Exhaustion, Patent Invalidity

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Pannu Factors Help Hormel Bring Home the Bacon

HIP, INC v. HORMEL FOODS CORPORATION - Before Lourie, Clevenger, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: To prove a claim of joint inventorship, an party must…more

Intellectual Property Protection, Patent Litigation, Patents

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Draft Framework for Exercise of March-In Rights under Bayh-Dole Act Targets High Drug Pricing

The National Institute of Standards and Technology (NIST) released for public comment a “Draft Interagency Guidance Framework for Considering the Exercise of March In-Rights” (“March-In Framework”) on December 8, 2023 following…more

Bayh-Dole Act, Biden Administration, Comment Period, Competition, Drug Pricing

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Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an…more

Claim Construction, Claim Terms, Expert Testimony, Interference Proceeding, Intrinsic Evidence

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Foreign Privacy Laws Do Not Block Us Discovery

Defendants in US civil suits have sought to withhold discoverable material because of privacy concerns based on foreign laws, such as the GDPR. Almost all cases on the issue of US discovery and transnational privacy statutes…more

Blocking Statutes, Data Privacy, Discovery, Document Productions, General Data Protection Regulation (GDPR)

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The Tangential Exception to Prosecution History Estoppel

ELI LILLY AND COMPANY v. HOSPIRA, INC. Before Lourie, Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana. Summary: A narrowing claim amendment does not necessarily surrender all…more

Claim Amendments, Claim Limitations, Doctrine of Equivalents, Patent Applications, Patent Infringement

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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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Choosing the Right IP to Protect Fashion Goods

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to…more

Copyright, Counterfeiting, Design Patent, Fashion Branding, Fashion Design

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Federal Circuit Review | February 2024

The Outcome of the PTAB’s Analysis May Determine Whether the PTAB Engaged in Claim Construction - In Google LLC v. Ecofactor, Inc., Appeal No. 22-1750, the Federal Circuit held that the outcome of the PTAB’s analysis of…more

Administrative Procedure Act, Claim Construction, Google, Intellectual Property Protection, Obviousness

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Federal Court Allowed to Defer to State Court on Contract Dispute That Raised Patent Validity Questions

WARSAW ORTHOPEDIC, INC., v. SASSO - Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to…more

Abstention, Declaratory Judgments, Declaratory Relief, IP License, Jury Trial

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Steuben Foods, Inc. v. Nestle USA, Inc.

Federal Circuit Summaries - Before Dyk, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board Summary: In an inter partes review proceeding, broadest reasonable interpretation of a claim term must encompass…more

Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Inter Partes Review (IPR) Proceeding, Obviousness

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FDA Approves Edwards EVOQUE® Tricuspid Valve Replacement System

The U.S. Food and Drug Administration (“FDA”) recently approved the Edwards EVOQUE®  Tricuspid Valve Replacement System (the “EVOQUE® system”) for use in treating Tricuspid Regurgitation (“TR”). The EVOQUE®  system is designed…more

FDA Approval, Food and Drug Administration (FDA), Healthcare, Life Sciences, Medical Devices

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FTC Settlement With Fertility-Tracking App May Have Costly Ramifications for Companies Who Use Third-Party Data Analytics Software

On January 13, 2021, the FTC announced that fertility app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics…more

Analytics, Consent Order, Data Privacy, Data Processors, Data-Sharing

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District Court Finds Mylan (Viatris) Infringes Regeneron’s Eylea Patent

On December 27, 2023, Judge Thomas S. Kleeh of the United States District Court for the Northern District of West Virginia issued an order finding that Mylan (Viatris) infringed claims 4, 7, 9, 11, and 14-17 of Regeneron’s U.S…more

Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation, Patents

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NVIDIA Collaborates with Medtronic to Build AI Platform for Endoscopy Devices

NVIDIA announced in a press release a collaboration with Medtronic to integrate NVIDIA’s artificial intelligence (AI) technology into certain of Medtronic’s products.  NVIDIA is a graphics processing unit (GPU) company, and…more

Artificial Intelligence, Medical Devices, NVIDIA, Popular, Software

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EU Recommendations Require Careful Analysis but Offer Few Clear Rules

In July 2020 the Court of Justice the European Union’s (CJEU) Schrems II decision declared the EU-US Privacy Shield Protections inadequate for the protection of European data. On November 10, 2020, the European Data Protection…more

Binding Corporate Rules, Court of Justice of the European Union (CJEU), Cybersecurity, Data Collection, Data Protection

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Not So Obvious After All: PTAB Lacked Evidence to Eradicate University’s Disinfection Method

UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC - Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the…more

Intellectual Property Protection, Inventions, Obviousness, Patent Infringement, Patent Litigation

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FDA Issues Long-Overdue Regulations on Direct-To-Consumer Advertisements for Prescription Medications

On November 21, 2023, the FDA published its final rule changing how prescriptions medicines are advertised to consumers. The FDA first issued its proposed rule in 2010, which subsequently went through three public comment…more

Advertising, Direct to Consumer Sales, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare

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Federal Circuit Has Jurisdiction to Review Joinder Decisions in IPRs

FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary:  The Federal Circuit has jurisdiction to review challenges to the Board's joinder…more

Facebook, Inter Partes Review (IPR) Proceeding, Joinder, Jurisdiction, Patent Infringement

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The Supreme Court holds that a copyright claimant may not sue for infringement until the Copyright Office has granted or refused registration of the work at issue

On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted or…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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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 | February 2024

The Outcome of the PTAB’s Analysis May Determine Whether the PTAB Engaged in Claim Construction - In Google LLC v. Ecofactor, Inc., Appeal No. 22-1750, the Federal Circuit held that the outcome of the PTAB’s analysis of…more

Administrative Procedure Act, Claim Construction, Google, Intellectual Property Protection, Obviousness

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Design Patent Protection for Fashion

On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design…more

Design Patent, Fashion Branding, Fashion Design, Fashion Industry, Intellectual Property Protection

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Conformis Continues Litigations Against Patient-Specific Medical Technologies

On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida. In a first complaint, filed against…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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A “Substantially Equivalent” Disclosure May Satisfy the Written Description Requirement

NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC. Before Prost, Lourie and Wallach. Appeal from the U.S. District Court for the District of Delaware. Summary: A “substantially equivalent” disclosure may…more

Appeals, Obviousness, Patent Infringement, Patent Litigation, Patents

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Medical device innovations and IP: A strategy is everything.

Bringing a medical device to market relies on a broad understanding of IP, explain Sabing Lee and Kregg Koch of Knobbe Martens. The medical device industry is driven by innovation, where great ideas are developed into…more

Innovation, Intellectual Property Protection, Inventions, Medical Devices, 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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Venture Capitalist Funding in Medtech Increasing

Recent reports, including one by PitchBook, indicate that both venture capitalist funding for medtech companies and the variety of medtech companies receiving venture capitalist funding has increased since the first quarter of…more

Digital Health, Investment, Investment Opportunities, Life Sciences, Medical Devices

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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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Amended Complaint May Relate Back to Original Complaint Despite Asserting Different Patents

ANZA TECHNOLOGY, INC. v. MUSHKIN, INC. Before Prost, Newman, and Bryson. Appeal from the United States District Court for the District of Colorado. Summary: Patent infringement claims in an amended complaint may relate…more

Amended Complaints, Appeals, Dismissals, Patent Infringement, Patent Litigation

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Johnson & Johnson Acquires French Surgical Tech Firm Orthotaxy

On February 20, 2018, Johnson & Johnson Medical Devices Companies announced the acquisition of Orthotaxy, a privately-held developer of software-enabled surgery technologies, including a differentiated robotic-assisted surgery…more

Acquisitions, Johnson & Johnson, Medical Devices

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Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated into a Dosage Form is Patent Eligible

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of California…more

Appeals, Claim Construction, Judgment on the Pleadings, Method Claims, Patent Litigation

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Protecting Your Claimed Ranges

Assertions of obviousness based on prior art references in combination with “routine optimization” by one skilled in the art are common in the chemical and biological fields. The Federal Circuit recently addressed this issue in…more

Appeals, Biologics, Burden-Shifting, Chemicals, Inter Partes Review (IPR) Proceeding

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IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response

AXONICS, INC. v. MEDTRONIC, INC. Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent owner…more

Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Medtronic, Obviousness

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AIA Patents May Not Be Challenged in Interference Proceedings

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed…more

America Invents Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Interference Proceeding, Patent Infringement

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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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Middle District of North Carolina Grants Preliminary Injunction in Natera, Inc. v. NeoGenomics Laboratories, Inc.

(December 27, 2023) Natera Inc. succeeded in obtaining a preliminary injunction against NeoGenomics Laboratories, Inc.’s medical assay test. Natera’s ongoing federal lawsuit alleges that NeoGenomics’ product “RaDaR,” a tumor…more

Healthcare, Intellectual Property Litigation, Intellectual Property Protection, Medical Devices, Patent Infringement

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“Magic Words” Unnecessary in Identifying Field of Endeavor for Analogous Art

NETFLIX, INC. v. DivX, LLC - Before Hughes, Stoll, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary: Petitioner was not required to explicitly identify secondary reference’s “field of endeavor” using…more

Intellectual Property Protection, Netflix, Obviousness, Patent Litigation, Patents

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USPTO Proposes Phillips-Type Claim Construction For Post Grant Proceedings at the PTAB

The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard…more

Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC)

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USPTO Issues Training Materials to Examiners for Searching FDA and NIH Resources

On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases…more

Biotechnology, Food and Drug Administration (FDA), Healthcare, Intellectual Property Protection, National Institute of Health (NIH)

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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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Commissioner’s Exercise of Vacant Director’s Duties Does Not Violate Appointments Clause

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Constitutional Challenges, Federal Vacancies Reform Act

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Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction…more

Claim Construction, Intellectual Property Protection, Patent Litigation, Patent Trial and Appeal Board, Patents

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Standing to Appeal IPR Denied Where Petitioner Failed to Provide Evidence of Competitive Harm and Economic Loss

GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna, Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary: A petitioner who loses an IPR must proffer specific evidence of competitive…more

Appeals, Article III, Economic Loss Doctrine, General Electric, Injury-in-Fact

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“Filtering” Appropriate Claim Construction Reasoning

SSI TECHS., LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. Before Reyna, Bryson, and Cunningham.  Appeal from the United States District Court for the Western District of Wisconsin. Summary: The district court…more

Claim Construction, Counterclaims, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Shutdown will Impact FDA

The looming government shutdown will likely slow the pace of work at the FDA. The federal government will shut down on October 1, 2023 unless a deal is reached. In the event of a shutdown, 19% of FDA employees would be…more

Administrative Agencies, Appropriation, Federal Funding, Food & Drug Regulations, Food and Drug Administration (FDA)

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FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of Aspartame and Sugar Products

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or…more

Advertising, Beverage Manufacturers, Disclosure Requirements, Endorsements, Federal Trade Commission (FTC)

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Free Samples and Fillers: No Teaching Away or Commercial Success

INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto.  Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot count…more

Commercial Success, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Life Sciences, Patent Infringement

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2019 Eligibility Guidance Leads to Unpredictable Results at the PTAB

In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the requirements of 35 USC Section 101. The guidance sought to add…more

Abstract Ideas, New Guidance, Patent Applications, Patent Examinations, Patent Trial and Appeal Board

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Stirring the Pot: Recent Trademark Infringement Claims from Major Brands In the Cannabis Field

What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space. In 2019, both UPS…more

Brand, Cannabidiol (CBD) oil, Cannabis Products, Dilution, Intellectual Property Protection

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FDA on pace for a Record Number of Breakthrough Devices in 2023

The FDA implemented the breakthrough device program in 2015. The program was designed to expedite review of premarket approval (PMA), 510(k) clearance, and De Novo marketing authorizations. Applicants can seek a breakthrough…more

510(k) RTA, FDA Approval, Food & Drug Regulations, Food and Drug Administration (FDA), Life Sciences

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The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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USPTO Issues Training Materials to Examiners for Searching FDA and NIH Resources

On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases…more

Biotechnology, Food and Drug Administration (FDA), Healthcare, Intellectual Property Protection, National Institute of Health (NIH)

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11th Circuit Decides Dispute on Kardashian’s Beauty Mark

The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface…more

Breach of Contract, Celebrity Endorsements, EU, Fashion Branding, IP License

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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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Jury Orders U.S. Bancorp to Pay $3 Million to Solutran for Infringing Patents for Paper Check Processing Technology

Patent Judgments & Awards - In another win in a string of victories for Solutran, Inc. in its long-running patent dispute with U.S. Bancorp, a jury in the U.S. District Court in Minnesota found that Solutran was entitled to…more

Damages, Injunctive Relief, Jury Awards, Lost Profits, Patent Infringement

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GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes…more

Compliance, Corporate Fines, Data Breach, Data Collection, Data Privacy

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Balenciaga Is Not Out Of The Woods—Little Trees Air Freshners Are At The Center Of A Trademark Infringement Suit

On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution, and…more

Dilution, False Designation of Origin, IP License, Lanham Act, License Agreements

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Current Congressional Attempts at Patent Reform

In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners.  Two main areas of focus are “Section 101” and the “PTAB.” …more

Abstract Ideas, Inventions, Patent Trial and Appeal Board, Patent Validity, Patent-Eligible Subject Matter

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California Court Determines the CCPA Does Not Restrict Discovery in Civil Litigation

A recent legal decision held that privacy guarantees in the California Consumer Privacy Act (the “CCPA”) do not prevent discovery in civil litigation. In Will Kaupelis v. Harbor Freight Tools USA, Inc., the Central District of…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy, Discovery

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A Terminal Disclaimer Is Not an Escape Hatch

IN RE CELLECT, LLC - Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the adjusted…more

Escape Clauses, Ex Parte, Obviousness, Patent Infringement, Patent Litigation

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VersaTop Support Systems v. Georgia Expo, Inc.

Before Newman, Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary: The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not…more

Advertising, Appeals, Likelihood of Confusion, Remand, Reversal

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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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Performing Claimed Features Faster Than Humans by Using Generic Computers Is Not Sufficient as an Improvement to Computer Technology

Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM.  Appeal from the United States District Court for the Central District of California. Summary: Patents directed to connecting users based…more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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AI & the FDA

The use of artificial intelligence (AI) in healthcare has been growing rapidly in recent years, and AI-enabled medical devices are playing a larger role in patient care. Such devices may use machine learning algorithms to…more

Algorithms, Artificial Intelligence, Cybersecurity, Food and Drug Administration (FDA), Healthcare

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CooperCompanies acquires a selection of Cook Medical’s reproductive health products

CooperCompanies announced on November 1, 2023, the purchase of Cook Medical’s doppler monitoring, gynecology surgery, and obstetrics products for $300 million. CooperCompanies is a global medical device company that is…more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Life Sciences, Medical Devices

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Consider the Relevant Technology Carefully Before Claiming Ranges in Patent Applications

RAI STRATEGIC HOLDINGS, INC. v. PHILIP MORRIS PRODUCTS S.A - Before Chen, Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board…more

Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patents

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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 -…more

ASCAP, BMI, Copyright, Fair Use, IP License

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If a Case Was Baseless, It Would Have Ended Sooner

OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before ultimately…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon…more

Amazon Marketplace, Corporate Branding, Counterfeit Goods Regulation, Counterfeiting, E-Commerce

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Deep Brain Simulation Devices Market Expected to Reach USD 3.5 Billion by 2033

A recent paper published by market.us projects that the Deep Brain Stimulation (DBS) devices market is expected to reach around $3.5 Billion by 2033, compared to the projected $1.5 Billion for 2024…more

FDA Approval, Food and Drug Administration (FDA), Healthcare, Life Sciences, Market Conditions

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To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?

VECTURA LIMITED v. GLAXOSMITHKLINE LLC - Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the…more

Appeals, Claim Construction, Patent Infringement, Patent Litigation, Patents

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USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et al.,…more

Amgen v Sanofi, Biotechnology, Intellectual Property Protection, Inventions, Patent Examinations

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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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A Terminal Disclaimer Is Not an Escape Hatch

IN RE CELLECT, LLC - Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the adjusted…more

Escape Clauses, Ex Parte, Obviousness, Patent Infringement, Patent Litigation

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The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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Exhibit Combustion: Disavowing Contradictory Statements Contained in Complaint Exhibits

HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary: A plaintiff can…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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The Crown Jewels: How to Protect Your Jewelry Designs

Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend is…more

Copyright, Copyright Registration, Design Patent, Fashion Branding, Fashion Design

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Prosecution History May Support a Motivation to Combine

Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Patentee’s failure during prosecution to distinguish relevant art provided support for…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Motivation to Combine, Patent Infringement, Patent Litigation

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What’s Enough to Show Information Is “Trade Secret” for Filing Under Seal?

DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida.  Summary: Internal efforts to maintain confidentiality are not enough to…more

Amended Complaints, Confidentiality Agreements, Patent Infringement, Patent Litigation, Patents

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FDA Approves Neuralink to Begin Human Trials of Brain Implants

Neuralink, the biotechnology company founded by Elon Musk, has received approval from the U.S. Food and Drug Administration (FDA) to commence human trials of its implantable brain-computer interface device.  Recruitment for the…more

Clinical Trials, Elon Musk, FDA Approval, Food and Drug Administration (FDA), Healthcare

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FDA Clears ABK Biomedical’s Eye90 Microspheres for Hepatocellular Carcinoma Treatment

ABK Biomedical successfully secured Breakthrough Device Designation from the FDA on December 5, 2023, for its Eye90 microspheres device, which is indicated for the treatment of unresectable Hepatocellular Carcinoma (HCC). The…more

510(k) RTA, FDA Approval, Food and Drug Administration (FDA), Healthcare, Life Sciences

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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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Big Picture on Software Patent Eligibility: The Forces at Work

Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and content. …more

Abstract Ideas, America Invents Act, CLS Bank v Alice Corp, Computer-Related Inventions, Covered Business Method Patents

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How Unpredictable is the Alice Analysis?

Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101.  For example, Judge Linn wrote…more

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

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Perhaps Assignor Estoppel Survives at the PTAB…via the District Court

A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could quash a co-pending IPR proceeding at the PTAB. Assignor estoppel is…more

Appeals, Assignment of Inventions, Assignor Estoppel, Concurrent Litigation, Final Written Decisions

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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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A Leap of Good Faith: When Cries of “They Copied Us” Cannot Be Stopped

LINE-NETICS, LLC v. NU TSAI CAPITAL LLC - Before Lourie, Taranto, and Stark. Appeal from the U.S. District Court for the District of Nebraska. Summary: Courts cannot enjoin speech by patentholders to third parties…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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“All of the Lights” on Yeezy as Walmart Opposes Yeezy’s Trademark Application

In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below (“Yeezy’s…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Kanye West, Trademarks

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Federal Circuit Decision May Give Second Chance to Some PTAB Litigants

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued an important decision affecting inter partes review (“IPR”) and possibly other cases decided by the Patent Trial and Appeal Board (“PTAB”).  The…more

Administrative Patent Judges, Appeals, Appointments Clause, Constitutional Challenges, Ex Partes Reexamination

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Federal Circuit Instructs PTAB How to Apply Public Accessibility Standard

WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. - Before Reyna, Hughes, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary: Copyright notices in product manuals, which prohibited their reproduction and…more

Copyright, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

See all updates »

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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Weighty Considerations: Objective Indicia of Non-obviousness

Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore, Lourie, and Cunningham.  Appeal from the Patent Trial and Appeal Board. Summary: The Board must consider the combined weight of multiple objective…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Infringement, Patent Litigation

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USPTO Publishes PTAB Trial Practice Guide Update

On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board. This latest update, while lengthy, does not introduce many significant changes…more

Additional Discovery, America Invents Act, Covered Business Method Patents, Garmin Factors, Guidance Update

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Patent Claims Directed To Wireless Transmission of Content Are Abstract and Patent Ineligible

THE CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Northern District of Illinois - Summary: A system or method for…more

Abstract Ideas, CLS Bank v Alice Corp, Inter Partes Review (IPR) Proceeding, Jury Instructions, Mayo v. Prometheus

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Federal Circuit Upholds $112 Million Win for Knobbe Martens Client CardiAQ

On September 1, the U.S. Court of Appeals for the Federal Circuit affirmed a $112 million win for Knobbe Martens client CardiAQ in its trade secret misappropriation case against former service provider Neovasc. A three-judge…more

Breach of Contract, Damages, Duty of Honest Performance, Enhanced Damages, Life Sciences

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Cochlear Implant Developer Agrees to Pay for Alleged False Claims to FDA

Cochlear implant developer Advanced Bionics LLC will pay about $12 million to resolve allegations that it misled federal health care programs, the United States Department of Justice (DOJ) announced. The allegations were in…more

Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA), Medical Devices

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Nike's Shoe Patents Outrun Puma's Challenge

On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we…more

Abstract Ideas, Affirmative Defenses, CLS Bank v Alice Corp, Fashion Design, Federal Rule 12(b)(6)

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U.S. Supreme Court Holds IPR Time Bar Determinations Are Not Appealable

The Decision. On April 20, 2020, the U.S. Supreme Court ruled that decisions by the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) are not appealable, even if such institution decisions may violate…more

§ 314(d), § 315(b), §314(a), §314(b), America Invents Act

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Who Bears the Burden of Proof for IPR Estoppel?

IRONBURG INVENTIONS LTD. v. VALVE CORP. Before Lourie, Clevenger, and Stark.  Appeal from the United States District Court for the Western District of Washington. Summary: The patentee has the burden of proving that…more

Estoppel, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity

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When and Where to File Patent Applications

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which…more

Canada, Canadian Intellectual Property Office (CIPO), Grace Period, Innovation, Intellectual Property Protection

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Failure to Convert Dismissal Into Summary Judgment Deemed Harmless

HAWKS TECHNOLOGY SYSTEMS, LLC v. CASTLE RETAIL, LLC - Before Reyna, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Tennessee. Summary: A court’s failure to exclude…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

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

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

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

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Design Patents Update

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

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

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Commissioner’s Exercise of Vacant Director’s Duties Does Not Violate Appointments Clause

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Constitutional Challenges, Federal Vacancies Reform Act

See all updates »

Flavored E-cigarette Manufacturers Face Regulatory Challenges

Manufacturers of e-cigarettes find themselves in a challenging regulatory environment to obtain U.S. Food and Drug Administration (FDA) marketing approval of flavored products.  On October 12, 2023, the FDA denied premarket…more

E-Cigarettes, Food & Drug Regulations, Food and Drug Administration (FDA), Premarket Approval Applications, Public Health

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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 EU AI Act – Why Companies All Over the World Should Be Preparing: A Conversation with Hanane Fathi Roswall

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio A. Uribe speaks with European Patent Attorney and Ph. D. Hanane Fathi Roswall on the recently adopted EU AI Act. Similar to the EU GDPR, the EU AI Act…more

Artificial Intelligence, EU, Innovative Technology, Intellectual Property Protection, Inventors

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Federal Circuit Cannot Review Denial of Institution of IPR, Unless Extraordinary Circumstances Are Shown

MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit lacks jurisdiction over appeals from decisions denying…more

All Writs Act, Denial of Institution, Due Process, Inter Partes Review (IPR) Proceeding, Jurisdiction

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“But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media

In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during…more

Copyright Infringement, Copyright Office, Copyright Registration, Name and Likeness, Photographs

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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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Raytheon Company v. Indigo Systems Corporation, FLIR Systems Incorporated

Federal Curcuit Summaries - Before Chen, Newman and Dyk. Appeal from the Eastern District of Texas. Summary: The Texas Theft Liability Act (TTLA), which awards attorney’s fees to the prevailing party, does not permit the…more

Attorney's Fees, Judgment As A Matter Of Law, Misappropriation, Motion For New Trial, Prevailing Party

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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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BioSig Technologies Receives FDA 510(k) Clearance for Its Noninvasive Electrophysiology Information System

The Los Angeles-based medical device company BioSig Technologies, Inc. announced in a press release the FDA 510(k) clearance of its PURE EP System, which is designed to aid electrophysiology procedures, such as cardiac ablation…more

510(k) RTA, Biotechnology, FDA Approval, Medical Devices

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Cleveland Clinic II: Has the Federal Circuit Undermined Patent Office Guidance and Eliminated an Important Tool for Patenting Diagnostics?

On April 1, 2019, the Federal Circuit issued a non-precedential decision in Cleveland Clinic Foundation, Cleveland HeartLab, Inc. v. True Health Diagnostics LLC (“Cleveland Clinic II”), affirming the district court’s holding…more

Patent Applications, Patent Infringement, Patent Prosecution, Patent-Eligible Subject Matter, Patents

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Four New Rules at the ITC That Patent Litigators Need to Know

International Trade Commission - The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018. Although the overall impact of these new rules is not yet known, attorneys…more

Administrative Law Judge (ALJ), Administrative Procedure, International Trade Commission (ITC), New Rules, Patent Infringement

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Exhibit Combustion: Disavowing Contradictory Statements Contained in Complaint Exhibits

HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary: A plaintiff can…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

Eleventh Amendment Protects States From Involuntary Joinder in Patent Suits

Gensetix, Inc. v. Baylor College of Medicine - Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas. Summary: A state can invoke sovereign immunity under the…more

Dismissals, Eleventh Amendment, IP License, Joinder, License Agreements

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Forest Laboratories, LLC v. Sigmapharm Laboratories

Federal Circuit Summary - Before Prost, Dyk, and Moore. Appeal from District of Delaware. Summary: A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the term…more

Abbreviated New Drug Application (ANDA), Appeals, Claim Construction, Patent Infringement, Patents

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Presidio Medical Raises $72 Million for ULF Neuromodulation Platform

Presidio Medical, Inc. announced that the company successfully concluded a Series C funding round, raising a total of $72 million. The round was led by Deerfield Management, Invus Opportunities, Action Potential Venture Capital,…more

Capital Raising, Healthcare, Investment, Life Sciences, Medical Devices

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Patent Affirmed as Unenforceable Due to Prosecution Laches

PERSONALIZED MEDIA COMMUNICATIONS, LLC V. APPLE INC. Before Reyna, Chen, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary: The district court did not abuse its discretion…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, USPTO

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FDA Issues Warning about Fraudulent and Unreliable Laboratory Data

The U.S. Food and Drug Administration (FDA) recently issued a Letter to Industry warning medical device manufacturers and device study sponsors (“device firms”) of a source of “fraudulent and unreliable laboratory testing data…more

Clinical Laboratory Testing, Data Management, Food and Drug Administration (FDA), Fraud, Medical Devices

See all updates »

Data Engine Technologies LLC v. Google LLC

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A claim that recites a specific method for navigating through…more

3D-Automation, Abstract Ideas, Appeals, Computer-Related Inventions, Google

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PTAB Adopts Phillips Standard for Claim Construction in AIA Proceedings

On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB)…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings

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How Far Can the Music Go: The Limited Reach of the Trademark Tacking Doctrine

BERTINI v. APPLE INC. Before Moore, Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Tacking a mark for one good or service does not grant priority for every other good or service in the…more

Apple, Intellectual Property Protection, Patent Trial and Appeal Board, Tacking, Trademark Application

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Microbiome Regulation Emerges From the Shadows: FDA to Co-Host Workshop on Live Cell Therapeutics

Research supporting the role of the microbiome in human, animal, and plant health continues to grow at a staggering rate. While the wave of new health technologies emerging from this research rises, companies working in the…more

Clinical Trials, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Medical Research

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AIA Patents May Not Be Challenged in Interference Proceedings

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed…more

America Invents Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Interference Proceeding, Patent Infringement

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Unraveling Hose Inventorship – From Idea to Contribution

BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC - Before Prost, Chen, and Stark. Appeal from the United States District Court for the District of New Jersey. - Summary: Alleged joint inventor contributed significantly to…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Ownership

See all updates »

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches

HYATT v. HIRSHFELD - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia. Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent…more

35 U.S.C. § 145, Board of Patent Appeals, Laches, Patent Applications, Patent Examinations

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FDA Issues Updated Informed Consent Guidance for Clinical Investigations

On August 15, 2023, the Food and Drug Administration (FDA) issued its updated guidance on informed consent for clinical investigations. The FDA’s updated guidance is titled Informed Consent Guidance for IRBs, Clinical…more

Clinical Trials, FDA Approval, Food and Drug Administration (FDA), Informed Consent, Institutional Review Board (IRB)

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Recent Developments in Medical Casts

On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin.  Cast21’s device seeks to…more

3D Printing, Healthcare, Intellectual Property Protection, Inventions, Life Sciences

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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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Intellectual Property Protection Strategies for Successful Business in the US and Canada

Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and fortune. Your…more

Berne Convention, Canada, Copyright, Cross-Border Transactions, Intellectual Property Protection

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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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  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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