Knobbe Martens Olson & Bear LLP

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge to…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

No Love for ♥ DC

In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien…more
| Administrative Law, Communications & Media Law, Constitutional Law, Intellectual Property

A Compelling Invention Story May Support Patent-Eligibility

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are…more
| Intellectual Property, Science, Computers, & Technology

Determining Patent Eligibility Pre-Claim Construction May Be Premature

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held by…more
| Administrative Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Myriad Genetics Announces an Assay that Identifies Patients for Olaparib Treatment

Salt Lake City-based Myriad Genetics, Inc. announced that its BRACAnalysis CDx® test accurately identifies patients with ovarian cancer for a second-line treatment with olaparib. The announcement came as a result of a clinical…more
| Health, Science, Computers, & Technology

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

Isto Holdings Acquires Arteriocyte To Form Isto Biologics

Isto Holdings, the parent company of Isto Technologies, has acquired Massachusetts based Arteriocyte Medical Systems Inc. and the two companies will be combined under the name Isto Biologics under the current CEO of Isto…more
| Health, Mergers & Acquisitions, Science, Computers, & Technology

Freedom to Operate and the Use of AIA Review

Freedom to Operate: •Identifying infringement risk •Third party patent (infringement) – claim searching –Timing •Discrete, continuous –Searching •In-house, search agency –Screening/analyzing •Ranking…more
| Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Business Torts, Intellectual Property

Federal Circuit Judges Disagree Over Contours of Section 101

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered the…more
| Civil Procedure, Conflict of Laws, Intellectual Property, Science, Computers, & Technology

2016 Security of Things® Forum

The third annual Security of Things® Forum (SECOT) in Cambridge, Massachusetts fostered discussion on a variety of cyber-security related topics ranging from a standards-based approach to security connected devices to connected…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

FDA Announces International Draft Guidance for Clinical Evaluation of Software as a Medical Device

The U.S. Food and Drug Administration announced the availability of a draft guidance for the clinical evaluation of software as a medical device (SaMD). The draft guidance was prepared by the SaMD Working Group of the…more
| Health, International Law & Trade, Science, Computers, & Technology

Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
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