Knobbe Martens Olson & Bear LLP

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby…more
| Civil Procedure, Civil Remedies, Intellectual Property

FDA Approval for Medtronic’s Reveal LINQ ICM with TruRhythm Detection

On March 13, 2017, Medtronic announced FDA 510(k) clearance for its Reveal LINQ Insertable Cardiac Monitor (ICM) with TruRhythm Detection. Previously, Medtronic received Ministry of Health, Labor and Welfare approval for the…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

Novartis Secures FDA Approval for Breast Cancer Drug Kisqali

On March 13, 2017, the use of Novartis cell cycle inhibitor Kisqali® (ribociclib, LEE011) in combination with an aromatase inhibitor was approved by the U.S. Food and Drug Administration as a first-line treatment for…more
| Health, Intellectual Property, Science, Computers, & Technology

PTAB Institutes Two IPRs in Hospira v. Genentech Avastin Dispute

Bevacizumab (Avastin®) is the subject of the widely watched “patent dance” dispute between Genentech and Amgen regarding Amgen’s proposed biosimilar. Hospira, however, (now owned by Pfizer) has chosen a different path in…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Ingestible e-Pill Approved For Use in Hospitals

BodyCap, a France-based company said to be dedicated to the development of miniature wireless electronic sensors, recently announced that its e-Celsius® device has earned CE mark approval and is now commercially available for…more
| Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

PTAB Avoids Triggering Estoppel by Issuing Concurrent Final Written Decisions

The Patent Trial and Appeal Board issued concurrent final written decisions upholding the validity of all challenged claims of U.S. Patent No. 8,141,154 in Palo Alto Networks, Inc. v. Finjan. Inc. IPR2015-01979, Paper 62…more
| Administrative Law, Intellectual Property

PTAB Denies Institution of Sixth IPR Petition Filed Against Adaptive Headlamp’s Patent

The Patent Trial and Appeal Board (“PTAB”) invoked its discretion under 35 U.S.C. § 325(d) to deny Toyota’s IPR petition against Adaptive Headlamp’s U.S. Patent No. 7,241,034 (“the ’034 patent”) in Toyota Motor Co. v. Adaptive…more
| Administrative Law, Intellectual Property

Federal Circuit Limits Scope of Covered Business Method Review

The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method Patents, or CBM review, in Secure Axcess, LLC v. PNC Bank National Association. In clarifying what patents…more
| Administrative Law, Civil Procedure, Intellectual Property

Positive Clinical Results for Using Myriad’s BRACAnalysis CDx® for Identifying Breast Cancer Patients for Treatment with Lynaparza

Myriad Genetics recently announced clinical results showing that its BRACAnalysis CDx® test was able to identify patients with HER2-negative metastatic breast cancer who had improved response with Lynparza (olaparib),…more
| Health, Science, Computers, & Technology

Federal Circuit Reverses PTAB Anticipation Holding As Improperly Finding One Would “At Once Envisage” Missing Limitation

The Federal Circuit reversed the PTAB’s final written decision holding that claims from Nidec Motor Corp.’s patent were anticipated in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., Case No. 2016-1900 (Fed. Cir. Mar…more
| Administrative Law, Civil Procedure, Intellectual Property

The PTAB Issues a Rare Grant of Request for Rehearing in View of Institution Decision Overlooking a Figure in Prior Art

The Patent Trial and Appeal Board granted a rare request for rehearing of its earlier decision denying institution of an asserted anticipation ground in Asustek Computer, Inc. v. Avago Technologies General IP (Singapore) Pte…more
| Administrative Law, Intellectual Property

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Obamacare Replacement Would Repeal Medical Device Tax

Republican lawmakers recently proposed a replacement of Obamacare known as the American Health Care Act (AHCA). One provision of the proposed legislation would permanently repeal Obamacare’s 2.3% medical device excise tax. …more
| Health, Insurance, Science, Computers, & Technology, Taxation

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Just Like You and Me: Difficulties with Celebrity Trademark Applications

Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or services. …more
| Administrative Law, Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
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