Patents

News & Analysis as of

The Mystery of the Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order...more

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding

In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent...more

IPR Update -- The First Pharma IPR Decisions

Late last month, while many of us were getting ready to attend the BIO International Convention in San Diego, the Patent Trial and Appeal Board ("Board") issued four related inter partes review opinions, marking what many...more

House Subcommittee Approved TROL Act Defining Bad Faith Communications Made During Patent Assertion as Unfair or Deceptive...

The House Energy & Commerce Committee’s Subcommittee on Commerce, Manufacturing, and Trade considered and approved the Targeting Rogue and Opaque Letters Act of 2014 (“TROL Act”) with a 13-6 vote. The purpose of the TROL Act...more

Improving the value of your US patent portfolio: lessons for Australian and NZ companies from the decision of Bard v Gore

Recent developments in US law have meant that investors conducting due diligence of biotech and technology companies now not only consider whether the company’s US patents are valid and cover the relevant technology but also...more

Bristol-Myers Squibb Co. v. Teva Pharms. USA, Inc.

Nature of the Case and Issue(s) Presented: BMS owns the ’244 patent, which covers a nucleoside analogue composed of two regions: a carbocyclic ring and a guanine base. Nucleoside analogues are known to mimic the activity of...more

Where Should Foreign Patent Protection Be Pursued?

Once a client has made a decision to file a patent application, invariably, at some point during the patent procurement process, assuming foreign protection is not barred, the client will be asked whether it desires to pursue...more

How the America Invents Act Has Changed the “One-Year Grace Period” for Filing Patent Applications

The United States patent system underwent a major overhaul last March with the implementation of key provisions of the America Invents Act (“AIA”). The AIA is considered the most substantial change in patent law since 1952...more

European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this...more

Medical Devices: recent developments in the UK and the US

As it becomes harder for rights holders to control the flow of infringing medical products, Baker Botts’ Neil Coulson and Mark Whitaker review developing case law on both sides of the Atlantic. Whether a company...more

Claim Charts Continue to Confound

In Hyundai Mobis Co., Ltd. v. Autoliv ASP, Inc., IPR2014-01005, Paper 5, IPR2014-01006 (June 17, 2014), Paper 5, the Board accorded the petition a filing date...more

USPTO Seeks Public Input on Application Pendency

Earlier this month, the U.S. Patent and Trademark Office published a notice in the Federal Register (79 Fed. Reg. 38854) requesting comments from the public regarding optimal patent first action and total pendency target...more

Patent-Eligible Subject Matter in the United States

The United States Patent statute provides that utility patents may be granted for the invention of any new and useful process, machine, manufacture or composition of matter or any new useful improvement thereof....more

Judge Stark overhauls patent practices in District of Delaware: 10 key changes

The same day he took the reins as Chief Judge for the District of Delaware, Judge Leonard P. Stark substantially overhauled his patent practices. Effective with all cases filed on or after July 1, 2014, Judge Stark...more

Litigation Stays Pending IPR: 66% Success Rate

LegalMetric has released a report of 212 decisions on litigation stays pending Inter Partes review. The report indicates that stays are granted 65.6% of the time and the time to decision averages 2.1 months. For more...more

The USPTO’s Response to Alice Corp. v. CLS Bank

Six days after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank, which invalidated certain patents disclosing “a computer-implemented scheme for mitigating ‘settlement risk,’” the USPTO issued its own...more

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more

Evonik Invests In Biosynthetic Technologies, Maker Of Biobased Lubricants

In a July 16, 2014, announcement, Evonik stated it has closed on an equity investment in Biosynthetic Technologies, LLC (BT), a specialist in biobased lubricants headquartered in Irvine, California. BT has developed and...more

BioPharma Patents Quick Tips and News - May/June 2014

QUICK TIPS - 35 U.S.C. 112 Tips: 1) Does your U.S. Examiner assert that not enough representative species are described in the specification? MPEP Section 2163 II.A.3(a)(ii) says that “(t)he written...more

IP Newsflash - July 2014 #2

New Nautilus Indefiniteness Standard Justifies Submission of Expert Evidence at Markman Hearing - The court granted defendants' motion to supplement their claim construction briefing with an expert declaration...more

Software Sector Leads Pack in 2Q Venture Funding and Biotech Sector Finishes Second

Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of 2014. ...more

Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”

A recent episode of NPR’s “Planet Money” was entitled “The Case Against Patents.” Several notable commentators in that episode questioned whether patents help or hinder innovation, whether history supports the benefits of a...more

Patent Troll

The term “Patent Troll” evokes a certain characteristic storybook image. James Logan of Personal Audio, LLC may not be that gnarled green monster hiding under a bridge, but to many Podcasters he is a similarly threatening...more

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending...more

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