McDonnell Boehnen Hulbert & Berghoff LLP

Octopus Genome Sequenced

Invertebrate zoology is in many ways the most comprehensive survey course on biology, encompassing most multicellular life on the planet. (Indeed, the study of the Order Coleoptera alone, comprising the beetles, would satisfy…more
| Science, Computers, & Technology

Views from the Director's Office on Post-Grant Reviews by the PTAB

Director of the U.S. Patent and Trademark Office and Under Secretary of Commerce Michelle Lee took the occasion of the release of the revised PTAB Guidances last Thursday to provide the patent community with some statistics…more
| Intellectual Property

Single-APJ Institution Pilot Program -- USPTO Requests Written Comments for IPR Proceedings

On August 25, 2015, the United States Patent and Trademark Office published a "Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews" in…more
| Civil Procedure, Intellectual Property

July 2015 Update on Subject Matter Eligibility

On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("Eligibility Update"). This update provides recommendations and resources for examiners in addition to those in the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Denies Inter Partes Review Petitions Against Two Acorda Patents

One of the statistics gleaned from Director Michelle Lee's recent blog on the post-issuance review provisions of the America Invents Act is that only 42% of inter partes review petitions have been granted over the past three…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Report - August 2015 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Reckitt Benckiser LLC v. Dr. Reddys Laboratories, Inc. et al. 1:15-cv-04524; filed June 26, 2015 in the District Court of New…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Standard Essential Patents Unenforceable on Theory of Indirect Infringement

A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue are…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Kimble v. Marvel Entertainment, LLC (2015)

In the 1977 Yale Law School Holiday Pageant there was a skit about the Supreme Court, with a song sung to the tune of Cole Porter's "Another Opening, Another Show" from the musical Kiss Me Kate... ...That parody…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

PTAB Finally Proposes Rule Amendments: The More Things Change . . .

More than a year ago, then-Deputy Director Michelle K. Lee posted on the Director's Forum Blog that the USPTO was seeking feedback on PTAB trial proceedings established by the Leahy-Smith America Invents Act ("AIA"). The Office…more
| Administrative Law, Civil Procedure, Intellectual Property

Sequenom Requests Rehearing En Banc

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

IPO Files Amicus Brief in Immersion Corp. v. HTC Corp.

Last week, in Immersion Corp. v. HTC Corp., the Intellectual Property Owners Association (IPO) filed a brief as amicus curiae in support of Plaintiff-Appellant Immersion Corp. In that case, the District Court for the District…more
| Administrative Law, Business Organizations, Civil Procedure, Intellectual Property

Court Report - August 2015 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Lupin Pharmaceuticals, Inc. et al. 1:15-cv-01047; filed July 6, 2015 in the Southern District…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Defines Joint Tortfeasor Infringement Liability in Akamai v. Limelight

The Federal Circuit issued a unanimous en banc decision yesterday regarding when joint tortfeasors may be held liable for literal infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. In its opinion, the court…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Delivers En Banc Opinion in Akamai v. Limelight

The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a…more
| Civil Procedure, Intellectual Property

Ferrum Ferro Capital Files Motion to Strike Allergan's Complaint Alleging Misuse of IPR Process

In June, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology
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Other U.S. Locations
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50-100 Attorneys

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