McDonnell Boehnen Hulbert & Berghoff LLP

Avago Technologies General IP (Singapore) Pte Ltd. v. Asustek Computer, Inc. (N.D. Cal. 2016)

"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible - On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying a…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Amici Support Certiorari in Sequenom v. Ariosa

In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Seeks Comments on New Patent Quality Metrics

In a notice published in the Federal Register (81 Fed. Reg. 16142) last month, the U.S. Patent and Trademark Office announced that new patent quality metrics were being designed for use in FY2017 and that the Office was seeking…more
| Administrative Law, Intellectual Property

The Fantastical World of Justice Stephen Breyer

In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that "[t]hree…more
| Intellectual Property, Science, Computers, & Technology

Defend Trade Secrets Act Passes House, Moves to President for Signature

One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep. Justin…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property

Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)

Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent - On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Of Patent Trolls and Hot Dog Stands -- The Supreme Court Oral Argument in Cuozzo Speed Technologies, LLC v. Lee

Earlier today, the Supreme Court heard oral arguments in the Cuozzo Speed Technologies, LLC v. Lee appeal (Supreme Court docket number 15-466). The Court was considering two issues related to the recently implemented IPR…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Report - April 2016 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Teva Pharmaceuticals USA Inc. et al. v. Biocon Ltd. et al. 1:16-cv-00278; filed April 19, 2015 in the District Court of…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

House Judiciary Committee Unanimously Reports Defend Trade Secrets Act of 2016

After a brief markup session in which no amendments to the bill were proposed, the House Judiciary Committee reported the Defend Trade Secrets Act of 2016 to the House floor by unanimous voice vote today. The bill passed the…more
| Civil Procedure, Intellectual Property

Samsung Electronics America, Inc. v. Smartflash LLC (PTAB 2016)

PTAB Not Bound by Prior District Court Ruling on § 101 - On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Report - April 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Forest Laboratories, LLC et al. v. Amerigen Pharmaceuticals, Inc. et al. 1:15-cv-00966; filed October 23, 2015 in the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Public Health Organizations Urge Congress to Reject Trans-Pacific Partnership Agreement

In a letter sent to members of Congress earlier this month, 58 public health organizations urged Congress to reject the Trans-Pacific Partnership (TPP) in its current form, stating that the coalition was "alarmed by the…more
| Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

PTAB Statistics From Spring BIO IPCC Meeting

At the end of March, the Intellectual Property Counsels' Committee (IPCC) of the Biotechnology Innovation Organization (BIO) held its Spring meeting, convening in-house counsel and outside counsel involved in patenting the…more
| Intellectual Property, Science, Computers, & Technology

An Inflectra Update: Janssen Requests an Expedited Trial

As we reported last week, the U.S. Food and Drug Administration approved Celltrion's application to market Inflectra, a biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab) anti-TNF-a antibody. On Tuesday, April 12,…more
| Civil Procedure, Intellectual Property

PTAB Denies IPR Petitions against Cold Spring Harbor Laboratory Patents

Cold Spring Harbor Laboratory (CSHL) is a storied institution in molecular biology, being the site of annual meetings related to this view of life since Schrodinger proposed to use quantitative methods to examine biology in the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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