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On January 10, 2013, the Federal Circuit in InterDigital Communications v. ITC denied a combined petition for panel rehearing and for rehearing en banc, holding that InterDigital’s patent licensing alone met the domestic…more
Foreign Patent Holders, InterDigital Communications v ITC, ITC, Nokia, Non-Practicing Entities
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On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most important…more
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As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity status…more
America Invents Act, Business Gross Income Limitation, Fees, Micro Entity Status, Patent Applications
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Applications under the US Patent and Trademark Office’s (USPTO) prioritized examination program are given “special status” and examined out-of-turn until a final disposition is reached. This program has considerably reduced…more
Patent Applications, Patents, Prioritized Examination, USPTO
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The final phase of the America Invents Act (AIA) takes effect on March 16, 2013. This means that any patent application filed in the U.S. on or after that date, which, at any time during its pendency, contains a claim that is…more
America Invents Act, Continuing Applications, First-to-File, First-to-Invent, Patents
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Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when…more
ANDA, Biotechnology, Exemptions, FDA, Infringement
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Contraceptives were the subject of the Federal Circuit's recent decision in Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. But, unfortunately, it's a rather fact-specific case with nothing of prurient or…more
Bayer, Contraceptives, Drug Safety, FDA, Patents
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TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates the…more
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Applications under the US Patent and Trademark Office’s (USPTO) prioritized examination program are given “special status” and examined out-of-turn until a final disposition is reached. This program has considerably reduced…more
Patent Applications, Patents, Prioritized Examination, USPTO
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As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity status…more
America Invents Act, Business Gross Income Limitation, Fees, Micro Entity Status, Patent Applications
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[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following analysis…more
ANDA, FDA, FDCA, FTC, Generic Drugs
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TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates the…more
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The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer Vernon…more
Bowman v Monsanto, First Sale Doctrine, Genetically Engineered Seed, Monsanto, Patent Exhaustion
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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eisai R&D Management Co., Ltd. v. Rea -
1:13-cv-00548; filed May 2, 2013 in the Eastern District of…more
Generic Drugs, Infringement, Patents, Prescription Drugs
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About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column.
Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed…more
Infringement, Nutritional Supplements, Patents
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On January 10, 2013, the Federal Circuit in InterDigital Communications v. ITC denied a combined petition for panel rehearing and for rehearing en banc, holding that InterDigital’s patent licensing alone met the domestic…more
Foreign Patent Holders, InterDigital Communications v ITC, ITC, Nokia, Non-Practicing Entities
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Since President Obama entered the White House in 2009, his administration has undertaken a number of steps toward stricter policing of international trade secret misappropriation. Those efforts reached a turning point early this…more
China, Economic Espionage Act, IPEC, Misappropriation, Trade Secrets
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On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of…more
America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patents
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The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between inhouse and outside counsel…more
Discovery, Document Coding, Document Productions, Patents, Work Product Privilege
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Can a method of treatment claim be inherent in the prior art if neither the formulation nor the method of using the formulation twice a day were in the prior art?…more
Allergan Inc, Patents, Prescription Drugs, Prior Art
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In March, the World Intellectual Property Organization (WIPO) announced that International patent applications filed under the Patent Cooperation Treaty (PCT) increased by 6.6% in 2012. WIPO noted that of the 194,000 PCT…more
Patent Applications, WIPO
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