Knobbe Martens Olson & Bear LLP

Ethicon To Acquire Torax Medical, Inc

Ethicon Inc. announced on February 17 that it reached an agreement to acquire Torax Medical, Inc. According to its website, Torax Medical is a privately held medical device company developing a minimally invasive surgical…more
| Health, Mergers & Acquisitions, Science, Computers, & Technology

PTAB Terminates Interference Proceeding Between University of California and Broad Institute Regarding CRISPR Gene Editing Claims

The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University and Massachusetts Institute of…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Sportbrain Sues Smartwatch Manufacturers, PTAB institutes IPR against Patent-in-Suit

Sportbrain Holdings LLC (“Sportbrain”) is a company that was previously engaged in the business of selling fitness trackers. Sportbrain recently sued eight smartwatch manufacturers for alleged infringement of its U.S. Patent No…more
| Administrative Law, Health, Intellectual Property, Science, Computers, & Technology

Probiotics: IP Perspectives on the Microbiome

Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have been increasingly recognized for their…more
| Intellectual Property, Science, Computers, & Technology

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes reexaminations. However, the Court found that appellee Valspar’s subsequent “Covenant…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Federal Circuit Review | January 2017

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR, and…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

2017 Brings Issuance of New Design Patents for the Fashion Industry

It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry... ..Design patents should always be considered for timeless and iconic pieces or for…more
| Art, Entertainment, & Sports Law, Intellectual Property

IPR Denied after Board Finds Asserted PCT Publication Not Entitled to Priority Application’s Filing Date under Pre-AIA 35 U.S.C. § 102(e) Prior Art Theory

The PTAB denied institution of an IPR based on patent owner’s challenge to the prior art status of a PCT publication that was asserted by the petitioner as pre-AIA 35 U.S.C. § 102(e) prior art in Forty Seven, Inc. v. Stichting…more
| Administrative Law, Intellectual Property

PTAB allows Patent Owner to File Supplement to Motion to Amend in Veeam Software Corporation v. Veritas Technologies LLC

On remand from the Federal Circuit the PTAB granted authorization for a patent owner to file a supplement to its Motion to Amend in Veeam Software Corporation v. Veritas Technologies LLC, IPR2014-00090, Paper 42 (P.T.A.B. Jan…more
| Administrative Law, Civil Procedure, Intellectual Property

Biogen to Pay Forward $1.25 Billion in Settlement

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which…more
| Business Organizations, Civil Remedies, Intellectual Property, International Law & Trade, Science, Computers, & Technology

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
| Intellectual Property, Science, Computers, & Technology

PTAB Grants Rare IPR Request for Rehearing in WesternGeco LLC v. PGS Geophysical AS

The PTAB recently granted a request for rehearing and modified the final written decision in WesternGeco LLC v. PGS Geophysical AS, IPR2015-00313, Paper 43 (P.T.A.B., Feb. 3, 2017). This is an extremely rare event…more
| Administrative Law, Intellectual Property

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012, the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

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

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Constitutional Law, Intellectual Property
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