Knobbe Martens Olson & Bear LLP

PTAB Convinced by Secondary Considerations to Find Claims Non-Obvious in IPR

On January 19, 2017, the Board issued a final written decision in World Bottling Cap, LLC v Crown Packaging Technology, Inc. (IPR2015-01651) finding the challenged claims were not unpatentably obvious over the references…more
| Administrative Law, Civil Procedure, Intellectual Property

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
| Administrative Law, Civil Procedure, Civil Remedies, Constitutional Law, Intellectual Property

Inherent Anticipation for Biotechnology Inventions

Anticipation by inherent disclosure requires that a single prior art reference necessarily includes the unstated limitation. The unpredictable nature of biological processes means that winning summary judgment of invalidity…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Potential Repeal of Medical Device Tax

With the upcoming Republican-dominated Presidency and Congress in 2017, the Affordable Care Act, or at least parts of it, look to be on the chopping block. One of the changes that may be forthcoming is a repeal of the 2.3%…more
| Elections & Politics, Health, Science, Computers, & Technology, Taxation

Antisense Oligonucleotide SPINRAZA Wins FDA Approval

On December 23, 2016, the U.S. Food and Drug Administration approved SPINRAZA™ (nusinersen), an antisense oligonucleotide directed to survival motor neuron-2 (SMN2) transcripts for the treatment of spinal muscular atrophy (SMA)…more
| Health, Science, Computers, & Technology

Strategic Insights for IPRs [Video]

Since 2012, IPR's have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPR's, this videos illustrates how actual IPR practitioners might approach some common…more
| Intellectual Property

Introduction to IPRs [Video]

Since 2012, IPR's have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPR's, this video illustrates how actual IPR practitioners might approach some common…more
| Intellectual Property

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Not Just a Formality? USPTO Sequence Rules May Impact Existing Biotech Portfolios

Patent applications containing nucleic acid or protein sequences are required to include an electronic sequence listing using a required format and standard symbols. The United States Patent and Trademark Office (USPTO), in…more
| Intellectual Property, Science, Computers, & Technology

Specification as a Tool for Patent Eligibility Analysis

In a recent article, we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language in the…more
| Intellectual Property

Not Gone with the Wind: IP Rights Despite Public Domain Images

In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act, the Lanham Act, and state law. AVELA…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

The Passage of the 21st Century Cures Act by Congress will produce Sweeping Changes to the Biotech, Medical Device, Pharmaceutical, and Health Industries

The December 8, 2016 passage of the 21st Century Cures Act by Congress is expected to lead to sweeping changes to the biotech, medical device and health industries and streamline the regulatory system for approval of both drugs…more
| Elections & Politics, Health, Science, Computers, & Technology

Post-Alice Section 101 Eligibility Roadmap for Software Inventions

In the wake of Alice the waters of eligibility under section 101 can be challenging to navigate, and particularly so for those seeking to obtain or enforce software patents. A two-part test for eligibility is the standard, with…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
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