Patents

News & Analysis as of

Progress Toward Comprehensive Patent Reform Stalls

On May 21, 2014, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that he was removing patent reform legislation from the Committee's agenda, effectively eliminating any chance for Senate consideration this...more

FDA Accepts First Biosimilar Application under New Approval Pathway

July 24, 2014 was a landmark day in the biotechnology industry: Sandoz (the generic arm of Novartis) announced that the U.S. Food and Drug Administration (FDA or “the Agency”) had accepted the first application for a U.S....more

What to Know After the Latest Patent Ruling by the U.S. Supreme Court

In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software...more

Finally, A Biosimilar Application Has Been Accepted By The FDA

In what is thought to be the first application accepted under the new biosimilar pathway created by the Biologics Price Competition and Innovation (BPCI) Act, Sandoz announced last Thursday that the U.S. Food and Drug...more

IP Buzz - July 2014

In this issue: - IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR - Public Comments on AIA Trial Proceedings – the USPTO is Listening - Versata v. SAP: PTAB Decision...more

Comments on Patent Subject Matter Eligibility Guidance Due by July 31

This week brings the July 31, 2014 deadline for submitting written comments on two USPTO patent subject matter eligibility guidance documents: The “Myriad-Mayo” Guidance issued March 4, 2014 (for claims involving laws of...more

ITC Section 337 Update – July 2014

Commission Affirms No Domestic Industry Based On Research And Development In 859 Investigation – On July 21, 2014, the Commission issued a Notice To Affirm In Part, Reverse In Part And Vacate In Part The Final Initial...more

IP Newsflash - July 2014 #3

Federal Circuit Finds District Court Erred in Refusing to Consider Evidence Pertinent to Determination of Priority Even Though the Evidence was Not Presented to the Board of Patent Appeals and Interferences - The...more

Braintree Labs., Inc. v. Novel Labs., Inc. (Fed. Cir.)

Case Name: Braintree Labs., Inc. v. Novel Labs., Inc., 749 F.3d 1349 (Fed. Cir. Apr. 22, 2014) (Circuit Judges Dyk, Prost, and Moore presiding; Opinion by Prost, J.; Concurrence-in-part and Dissent by Dyk, J.; Dissent by...more

Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction

Boku, Inc. ("Boku") filed a CBM petition with the PTAB seeking review of the patentability of Plaintiff's U.S. Patent No. 7,273,168 (the "'168 patent"). The petition challenged all claims of the '168 patent on grounds that...more

New Testimony Prohibited in Patent Owner’s Preliminary Response

In TD Ameritrade Holding Corp. v. Trading Technologies International, Inc., CBM2014-00131, Paper 10 (July 24, 2014), the Board rejected a live demonstration as part of a preliminary response, likening it to new testimonial...more

Washington Insight - July 2014

In This Issue: - Progress Toward Comprehensive Patent Reform Stalls - As Attention Turns to a Border Supplemental, a Twelve Bill Omnibus Seems Certain - Highways, Taxes, and Partisanship: The Next...more

Court Report - July 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC et al. v. Glenmark Generics Inc. USA 1:14-cv-00877; filed July 3, 2014 in the District Court of...more

Image Processing Patent Held To Be An Abstract Idea Under Alice Corp.

Digitech Image Technologies ("Digitech") asserted U.S. Patent No. 6,128,415, directed to the generation and use of device profiles for digital image processing system against numerous defendants, including Xerox and Fujifilm...more

Additional Discovery Granted

In ARRIS Group, Inc. v. C-Cation Technologies, LLC, IPR2014-00746, Paper 15 (July 24, 2015). the Board actually granted additional discovery of an indemnification agreemenet between Petitioner and Com-Cast, which the patent...more

Judge Rakoff Grants Permanent Injunction and Awards Attorneys’ Fees for Unreasonable Litigation Tactics and Redundant Post-Trial...

Following a six-day jury trial finding defendants’ infringement of U.S. Patent No. 7,874,487 (“Integrated illumination assembly for symbology reader”) to be willful, Judge Rakoff permitted plaintiffs to move for a permanent...more

Insights from a Recent Panel on Navigating AIA Trials

On July 14, 2014, the Bar Association of the District of Columbia presented "Navigating AIA Trials at the USPTO," a panel discussion on the Leahy-Smith America Invents Act (AIA) trials, which took place at the D.C. office of...more

Versata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict

As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first...more

IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR

Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and...more

Public Comments on AIA Trial Proceedings – the USPTO is Listening

As mentioned in a previous article, the Patent Trial and Appeal Board (PTAB) held a series of roundtables throughout the United States this spring to solicit public feedback on AIA trials. Having received some feedback during...more

Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark

Adrea, LLC ("Adrea") filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, "B&N"), which alleged that B&N's e-reader Nook infringed U.S. Patent Nos....more

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

Gilead Sciences, Inc. v. Natco Pharma Ltd. (Fed. Cir.)

Case Name: Gilead Sciences, Inc. v. Natco Pharma Ltd., 2013-1418, 2014 U.S. App. LEXIS 7494 (Fed. Cir. Apr. 22, 2014) (Circuit Judges Rader, Prost, and Chen presiding; Opinion by Chen, J.; Dissent by Rader, C.J.) (appeal from...more

IPO Names Top 100 Patenting Universities

The Intellectual Property Owners (IPO) recently published a list of the top 100 universities worldwide granted patents in 2013. As reported in the IP Record, these universities are...more

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff's Products that...

After a jury trial in which Power Integrations, Inc. ("Power") obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor ("Fairchild"), Power moved for a permanent injunction. In analyzing...more

2,754 Results
|
View per page
Page: of 111