Patents

News & Analysis as of

Unavailability of IPR Witness for Deposition Undercuts Testimony

Testimony from a witness in a prior reexamination, or other, proceeding may be useful information to a party in inter partes review proceedings. The party propounding such testimony should be prepared, however, to produce...more

Federal Circuit Reverses Judgment for Willful Infringement

Through its recent decision in Stryker Corp. v. Zimmer, Inc., the Federal Circuit gave Zimmer an early Christmas gift worth approximately $140 million by reversing a district court’s determination of willfulness and vacating...more

An Early Test for the USPTO’S Eligibility Analysis

Just last week, the USPTO released its revised subject matter eligibility guidance (2014 Interim Guidance on Patent Subject Matter Eligibility “Interim Guidance” reviewed in my prior post of December 16th, 2014). The Interim...more

USC Creates Infographic on History of Patent Law

The University of Southern California (USC) Gould School of Law has created an infographic that provides some highlights in the history of patent law, starting at around 500 B.C. and including the first ever recorded document...more

Eagle Parts Seeks to Fasten Custom Golf Car Supply with Injunction and Damages for Patent Infringement

Eagle Parts & Products, Inc. (“Eagle”), a Georgia corporation with its principal place of business in Augusta, Georgia, filed a patent infringement action on October 3, 2014 against Custom Golf Car Supply, Inc. (“Golf Car”),...more

Petitions Filed for December 23, 2014

Petitions Filed (3) - Sony Computer Entertainment America LLC filed IPR 2015-000396, challenging U.S. Patent No. 7,218,313, assigned to APLIX IP HOLDINGS CORPORATION....more

Judge Hellerstein rules on a series of motions related to infringement contentions, motions to compel documents and responses to...

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more

CAFC Delivers Another Decision on Patentability of Myriad Patents

In Univ. of Utah Res. Foundation et al. v. Ambry Genetics Corp., No. 2014-1361 (Fed. Cir. Dec. 17, 2014), the Federal Circuit once again has weighed in on the patent eligibility of Myriad Genetics, Inc.’s patents related to...more

European Court of Justice: landmark decision on patentability of stem cells

The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe. Stem cells have the potential to revolutionize the treatment of human disease because of their...more

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more

Court Report - December 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC 1:14-cv-01474 filed December 11, 2014 in the District Court...more

Impact of USPTO Interim Guidance on Chemical, Pharmaceutical, and Biotech Inventions

The recent interim guidance issued by U.S. Patent and Trademark Office (USPTO) provides applicants and practitioners with more helpful information about which types of claims the USPTO will find to satisfy subject matter...more

Patentability of isolated nucleic acid: US vs. Australia

Patents directed to genetic material have been t­­­­he subject of significant public discourse and legal challenge worldwide, leading to a divergence of governing law between jurisdictions and heightened industry uncertainty...more

Impact of the Alice V. CLS Bank Decision – A Year-End Review

The Supreme Court’s Alice Corp. v. CLS Bank Int’l decision has had a significant impact on the prosecution of software-based patent applications, on the institution of 101-based covered business method patent reviews, and on...more

The Stuff of Novels

We’ve all heard of Google. But have you heard of Google X? Google X is Google’s super somewhat secret research facility, a la Q Branch of Ian Fleming’s 007 spy novel fame, which has as its mission the...more

Institution Decisions and Dispositions for December 22, 2014

Institution Decisions (1) - In Jiawei Technology (USA) Ltd. v. Simon Richmond, IPR2014-00935, Paper 11 (December 22, 2014), the Board instituted inter partes review of claims 1–7, 9, 10, 14, 17–20, 23, 28, 43, 45 and...more

New Patent Office Guidance Takes Steps Toward Clarifying Subject Matter Eligibility

The USPTO’s latest Guidance on subject matter eligibility takes some positive steps toward stabilizing the examination rules in the context of complex and dynamic case law. The USPTO is accepting comments about the Guidance...more

Intellectual Property and Technology News - December 2014 (Global)

In This Issue: - Fundamental Reform Ahead For European Patent Law - Patentability of Isolated Nucleic Acid - Patent Reform – Is It Working? - Right To Privacy In Japan - Supreme Court Corner - The FTC...more

Jury finds two out of three asserted patents valid and infringed, and awards $1.35 million to plaintiff.

Adrea, LLC v. Barnes & Noble, Inc., et al. Case Number: 1:13-cv-04137-JSR - After trial, a jury found that defendants Barnes & Noble, Inc., BarnesAndNoble.com, and Nook Media, LLC infringed claims 7, 8, 9, 18...more

Federal Circuit Review - December 2014

Patent Claims on Media Distribution Over Internet Not Patentable - In ULTRAMERCIAL, INC. v. HULU, LLC, Appeal No. 2010-1544, the Federal Circuit affirmed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) because a...more

PTAB Will Not Review Contract Issues Even if They Relate to Standing

Whether a Petitioner breached a contract, that limited its ability to challenge a patent, is an issue outside the purview of the PTAB, per a recent decision in Ford Motor Company v. Paice LLC & The Abell Foundation, Inc.,...more

Supreme Court Corner: Q4 2014

KIMBLE V. MARVEL ENTERPRISES, INC. Patent Licensing - Cert. Pending - Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more

Fetal Diagnostics Patent Claims Fall in Inter Partes Review

Post grant inter partes review proceedings have lowered the hurdle to invalidate U.S. patents. The “broadest reasonable construction” of the claims and the lower burden to prove invalidity (by a preponderance of the evidence)...more

Federal Circuit Applies Alice to Biotechnology in Striking Down Myriad Method of Screening Claims, Leaves Door Open for Narrower...

On December 17, 2014, a three judge panel of the Federal Circuit issued a ruling that may significantly narrow the scope of patent eligible subject matter with respect to method claims in the biotechnology field. The...more

Court Report - December 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of...more

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