Patents

An Unreasonable Royalty Rate is No Gaming Matter

by Mercedes Cook | Sheppard Mullin Richter & Hampton LLP on 5/23/2013

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

“[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a ‘public use’ where there is not commercial exploitation” [even] when an unaffiliated third party is responsible for...more

Patent Watch: Alexsam, Inc. v. IDT Corp.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

Expert testimony [may be] required not only to explain what the prior art references disclosed, but also to show that a person skilled in the art would have been motivated to combine them in order to achieve the claimed...more

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more

The Curious Case Of Human Gene Patents

by Thomas Engellenner | Pepper Hamilton LLP on 5/22/2013

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

by Samir Mehta | Armstrong Teasdale LLP on 5/22/2013

The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case,...more

A Patent Landscape Analysis: iPSCs

by Antoinette F. Konski | Foley & Lardner LLP on 5/21/2013

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/21/2013

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for...more

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 5/21/2013

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

Alice in Patentland II – Can a Look Across the Pond Help?

by Orlando Lopez | Burns & Levinson LLP on 5/21/2013

On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Around the Virtual World: May 13-17, 2013

by Pillsbury Social Media, Entertainment &... on 5/20/2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - What's the Matter With Zynga? - Video game maker drops gun makers, not their guns -...more

Court Report -- May 19, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 5/20/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

by Darren Donnelly, Enia Titova | Fenwick & West LLP on 5/20/2013

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract...more

Patent Eligibility of Software Innovations After CLS Bank

by Richard Gervase Jr., Peter Snell | Mintz Levin - Intellectual Property on 5/20/2013

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

by Cynthia Chen, Paul Devinsky, Lincoln Mayer | McDermott Will & Emery on 5/17/2013

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

by Warren Heit, Kevin McGann | White & Case LLP on 5/17/2013

On May 10, 2013, the Federal Circuit issued deeply divided opinions on the standards to be applied to determine patent eligibility of software and business method patents, further opening the door to challenges of such...more

Court Report Supplement -- May 16, 2013

by Ann Palma | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

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

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

by Monte Cooper, Robert Isackson, William Benjamin Tabler | Orrick, Herrington & Sutcliffe LLP on 5/16/2013

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

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...more

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

by K. Scott O'Brian | McNees Wallace & Nurick LLC on 5/16/2013

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds...more

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An Unreasonable Royalty Rate is No Gaming Matter

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

Patent Watch: Alexsam, Inc. v. IDT Corp.

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

The Curious Case Of Human Gene Patents

Pro Te Solutio - Vol. 6 No. 1 February 2013

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

A Patent Landscape Analysis: iPSCs

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

Alice in Patentland II – Can a Look Across the Pond Help?

ITC Section 337 Update - May 15, 2013

Around the Virtual World: May 13-17, 2013

Court Report -- May 19, 2013

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Patent Eligibility of Software Innovations After CLS Bank

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

Court Report Supplement -- May 16, 2013

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

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