McDonnell Boehnen Hulbert & Berghoff LLP

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300 South Wacker Drive
Chicago, Illinois 60606-6709, United States
Phone: 312.913.0001
Fax: 312.913.0002
Areas of Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
  • North Carolina
Number of Attorneys
50-100 Attorneys

Natural Alternatives International, Inc. v. Allmax Nutrition, Inc. (S.D. Cal. 2017) -- Part II

Last month, we reported on a decision in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., in which District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a…more
 /  Civil Procedure, Intellectual Property

Guest Post -- Patent Exhaustion and Pharmaceuticals

On May 30th, the Supreme Court ruled in Impression Products, Inc. v. Lexmark International, Inc. that all patent rights are automatically exhausted upon the sale of a product irrespective of contract stipulations and regardless…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

In re Stepan Co. (Fed. Cir. 2017)

The Patent Trial and Appeal Board (PTAB) gets most of its attention (judicial and otherwise) regarding its decisions in inter partes review and covered business method proceedings. But the Board also has responsibility for…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Broadsoft, Inc. v. Callwave Communications, LLC (D. Del. 2017)

Telephone Call Processing Patent Claims Found Invalid under 35 U.S.C. § 101 - In the United States District Court for the District of Delaware, Plaintiff filed a declaratory judgment action on seeking a declaration that none…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

CAFC Shifts the Burden for IPR Claim Amendments from the Patent Owner to the Petitioner

In Aqua Products Inc. v. Matal, a highly fractured en banc Federal Circuit determined that the PTAB, in ruling whether to allow claim amendments in an IPR proceeding, can no longer place the burden to establish the patentability…more
 /  Civil Procedure, Intellectual Property

Aqua Products, Inc. v. Matal (Fed. Cir. 2017)

More Than a Mere Academic Exercise - On October 4, 2017, in Aqua Products, Inc. v. Matal, a highly fractured en banc Federal Circuit determined that the PTAB can no longer place the burden of establishing the patentability of…more
 /  Civil Procedure, Intellectual Property

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences -- Part XIII: The Microbiome and Antibiotic Resistance

Antibiotic resistance is a major problem in the United States and is considered by the World Health Organization (WHO) to be one of the largest threats to human health. The top 12 bacterial threats classified by WHO are shown…more
 /  Intellectual Property, Science, Computers, & Technology

Does the Federal Circuit's In re Cray Decision Suggest a New Business Model for Savvy Infringers?

Patent law has always been tasked with interpreting law in an ever-shifting factual environment, where well-established principles need to be applied to new technology. Twenty years ago, the Federal Circuit grappled with the…more
 /  Civil Procedure, Intellectual Property

HUMIRA® Biosimilar Update -- Settlement in AbbVie v. Amgen Case Announced and AbbVie v. Boehringer Ingelheim Litigation Begins

On September 28, 2017, both parties to the AbbVie v. Amgen litigation announced a settlement that resolves all intellectual property-related litigation over Amgen's FDA-approved adalimumab biosimilar AMGEVITA™/AMJEVITA™. While…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences Part XII: Taking Stock of Livestock

As we have discussed in previous installments of "The Emergent Microbiome," we have seen a distinct growth in the interest of the microbial communities found in our environment beyond the confines of the human body. Earlier…more
 /  Intellectual Property, Science, Computers, & Technology

Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review

Not unexpectedly, on Friday, the Saint Regis Mohawk Tribe (SRMT) filed a motion before the Patent Trial and Appeal Board (PTAB) to have inter partes review Nos. IPR2016-01127, IPR2016-01128, IPR2016-01129, IPR2016-01130,…more
 /  Indigenous Peoples, Intellectual Property

Views on Venue -- Take Two: Did the District of Delaware Get It Right?

We recently reported that Chief Judge Stark of the District of Delaware interpreted the second prong of the patent venue statute, 28 U.S.C. § 1400(b), in Bristol-Myers Squibb Company v. Mylan because the first prong was no…more
 /  Civil Procedure, Intellectual Property

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business” Under §1400(b)

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier…more
 /  Business Organizations, Civil Procedure, Intellectual Property

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had…more
 /  Business Organizations, Civil Procedure, Intellectual Property

PTAB Chief Judge Discusses Post-grant Review Statistics at IPO Meeting

The value of the post-grant review programs (post-grant review, inter partes review, and covered business methods review) has been debated since these provisions were enacted as part of the Leahy-Smith America Invents Act in…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology
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