Knobbe Martens Olson & Bear LLP

FDA Approves AspireAssist Obesity Device

On June 14, 2016, the U.S. Food and Drug Administration approved AspireAssist, an obesity treatment device that uses a surgically-placed tube to drain a portion of the stomach contents after every meal. According to a press…more
| Health, Science, Computers, & Technology

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

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

NuVasive Acquires Biotronic NeuroNetwork for $98 Million

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

Trademark Review | June 2016

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

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

Representatives Mike Fitzpatrick (R-PA) and Louise Slaughter (D-NY) announced plans to propose the Medical Device Guardians Act of 2016. According to a press release from Rep. Fitzpatrick, the Act is “a package of bills aimed at…more
| Consumer Protection, Elections & Politics, Health, Products Liability, Science, Computers, & Technology

Federal Circuit Review | June 2016

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Zimmer Biomet Buys LDR Holding for $1 Billion

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

FDA’s Expedited Access Program: A Year in Review

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

Strategic Patent Portfolios with Continuing Value

The value of a company’s patent portfolio can be increased significantly if the portfolio strategically uses continuing applications (i.e., continuation, divisional, and continuation-in-part applications) to extract valuable…more
| Intellectual Property

Supreme Court Affirms Broader Claim Construction Standard in IPRs

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

Cuba an Untapped Market for Medical Device Exports

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

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
| Law Practice Products & Services

Supreme Court Eases Rules for Larger Patent Damage Awards

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

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

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

EU Reaches Deal on New Medical Device Regulations

The European Parliament and European Council recently jointly announced an agreement regarding new rules on medical devices and in vitro diagnostic medical devices. The process that lead to the agreement began in 2012. …more
| Consumer Protection, Health, International Law & Trade, Science, Computers, & Technology
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