News & Analysis as of

Patents

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

Hey Boo-Boo, Defining Terms in the Specification is a Pic-i-nic

A definition in the patent’s specification can be critical in defining the scope of the claims. According to the patent statute, the claims and specification are directed to a person of ordinary skill in the art, but it is...more

Settling the Discoverability of Settlement Agreements

by McDermott Will & Emery on

Settlement agreement between a co-defendant and plaintiff in a Hatch-Waxman patent litigation matter is discoverable, ruled Judge Bryson in Allergan, Inc. v. Teva Pharmaceuticals, Inc. et al., Case No. 15-1455 (E.D. Tex.,...more

Lidoderm Plaintiffs Survive Class Certification in Pay-for-Delay Suit

by McDermott Will & Emery on

The US District Court for the Northern District of California certified classes of direct purchasers and end-payers in a pay-for-delay multidistrict litigation involving Lidoderm. In re Lidoderm Antitrust Litigation, Case No....more

Millennium Pharmaceuticals, Inc. v. Sandoz Inc. (Fed. Cir. 2017)

In multiple ANDA litigations against multiple defendants, Millennium Pharmaceuticals, Inc. had several of its asserted claims held invalid for obviousness at the district court. The Federal Circuit reversed these decisions...more

New Guidelines for Examination of Computer Related Inventions in India

by Miles & Stockbridge P.C. on

On July 3, 2017, revised Guidelines for Examination of Computer Related Inventions (CRIs) were released. The full text of the guidelines may be found here. ...more

Why The Federal Circuit Revisited Written Description

by Foley & Lardner LLP on

In Stanford University v. The Chinese University of Hong Kong (Fed Cir. No 2015-2011, June 27, 2017), the Federal Circuit vacated and remanded interference decisions on the ground the Patent Trial and Appeal Board (“Board”)...more

Protecting Plant Innovations

by K&L Gates LLP on

The development of new plant varieties can be a costly and time-consuming process. To incentivize breeding endeavors, governments around the world have developed legal mechanisms that effectively provide breeders with a...more

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

by BakerHostetler on

On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of...more

PTAB Confirms Decision Denying Institution Based on District Court Action Ultimately Dismissed Without Prejudice

On July 6, 2017, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Ford Motor Company’s (“Petitioner”) request for rehearing of the Board’s decision denying institution of multiple inter partes reviews (IPR)...more

BRI-Proof Your Claims

By Bryan K. Wheelock, Principal There are many benefits to employing means + function claiming under 35 USC §112(f).  The Federal Circuit recently pointed out a new one: protecting your claims from the application by the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences Part XI: Agriculture and the Microbiome

Knowledge of, and interest in, the human microbiome has rapidly expanded in recent years: each week, there seems to be additional advancements in our understanding of the microbial communities that call our bodies home. As...more

[Webinar] Venue and Exhaustion: Practical Effects of TC Heartland and Lexmark - July 26th, 10:00 am China, CST

The U.S. Supreme Court recently issued highly anticipated opinions in two patent cases, both of which may have a profound impact internationally....more

UK widens the scope of patent protection

by DLA Piper on

On 12 July, the English Supreme Court introduced a major change to English patent law, extending the potential scope of protection of a patent beyond the interpretation of its claims to variants which achieve substantially...more

Global Patent Prosecution Newsletter - July 2017

Biosimilars Around the World - Last month’s Supreme Court ruling in Sandoz v. Amgen brought greater certainty to both biosimilar applicants and originators in the United States. The July 2017 issue of Sterne Kessler’s...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Supreme Court of Canada Promises New Utility Test for Patents

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada...more

German Federal Court: Permission granted - HIV/AIDS drug distribution continued

by Hogan Lovells on

The X. Civil Senate of the German Federal Court of Justice has granted a motion by three companies of the Merck Sharp & Dohme group (Merck) for a preliminary permission for the continued distribution of Isentress®, a drug...more

Federal Circuit PTAB Appeal Statistics – July 2017

by Finnegan – AIA Blog on

Through July 1, 2017, the Federal Circuit decided 224 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 168 (75%) cases, and reversed or vacated the PTAB on every issue in 22 (9.82%)...more

Federal Circuit Remands For Further Consideration of Proper Irreparable Harm Test for Permanent Injunction

In Genband US v. Metaswitch Networks, No 2017-1148 (Fed. Cir. July 10, 2017), the Federal Circuit clarified that a patentee only need show “some connection” between the patent and sales of infringing products to meet the...more

A CRISPR patent pool – one step closer to reality?

by Allen & Overy LLP on

In a press release on 10 July 2017, the Broad Institute announced that is has, with joint patent owners Harvard University, the Massachusetts Institute of Technology and the Rockefeller University, entered discussions about a...more

Securus Technologies, Inc. v. Global Tel*Link Corp. (Fed. Cir. 2017)

Over the last 18 months, the Federal Circuit has been quietly shoring up the non-obviousness provisions of 35 U.S.C. § 103 by enforcing the requirement that an obviousness argument entails making the full prima facie case. ...more

Patents Don’t Sue People, People Sue People

On July 13, 2017, The Subcommittee on Courts, Intellectual Property and the Internet of the House Judiciary Committee held a hearing on The Impact of Bad Patents on American Businesses. Such a loaded topic should strike fear...more

Clarifying or Conforming? The EPO Bows to the European Commission

by Jones Day on

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

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