Patents

News & Analysis as of

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

CAFC Invalidates Functionally Claimed Antibody Patents as Lacking Written Description

On July 1, 2014, the Court of Appeals for the Federal Circuit (CAFC) decided AbbVie Deutschland GmbH v. Janssen Biotech, Inc., holding that a genus claimed solely by functional language that defines a desired result requires...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

Anti-counterfeiting: protecting your brand – why it is important and how to do it

Intellectual property (“IP”) is often the DNA of a business. A brand can be integral to reputation, revenue streams and goodwill. However, protecting IP is becoming increasingly difficult, particularly with the proliferation...more

Challenging Prior Art Status In Post-Grant Proceedings

An inter partes review (“IPR”) proceeding allows a party to challenge the validity of a patent before the Patent Trial and Appeals Board (“PTAB”) of the U.S. Patent and Trademark Office (“USPTO”). In an IPR proceeding,...more

House Tries One More Time: Targeting Rogue and Opaque Letters Act of 2014 ("TROL Act")

U.S. Representative Lee Terry (R-NE) opened a recent subcommittee meeting by quoting Thomas Edison: "The most certain way to succeed is to try one more time." The occasion was the meeting of the House's Energy and Commerce...more

More Trouble with Claim Charts

In The Scotts Company LLC v. ENCAP, LLC, IPR2014-01110 (July 15, 2014), the Board granted the Petition a filing date, but gave petitioner five days to fix its claim charts....more

The Duty Of Candor: Letting The Truth Shine

“Three things cannot hide for long: the Moon, the Sun, and the Truth.” The Patent Trial and Appeal Board (“PTAB”) relies on the truth coming to light to resolve disputes in post-grant proceedings in a “just, speedy, and...more

Derivation Proceedings: What You Need to Know  [Video]

Mark W. Rygiel, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., discusses derivation proceedings, one of several new administrative proceedings at the USPTO created by the America...more

Abstract Ideas: The Patent Office’s First Take on Alice Corp. v. CLS Bank International

The United States Patent Office periodically issues guidelines for Examiners, often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish the specific...more

What Donors Need to Know About Appreciated Property

Individuals considering gifts of appreciated property to charity should be aware that not all property donations are treated equally for income tax purposes. Depending on the class of property, prior use, the donor’s holding...more

USPTO Proposes Rules Changes in View of Novartis v. Lee

Last month, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (79 Fed. Reg. 34681) discussing changes to the rules of practice to implement the Federal Circuit's decision...more

Federal Circuit Orders Stay Pending Completion of CBM Review

Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more

The Patentability Exclusion for "Abstract Ideas" is Even More Abstract Post-Alice

In Alice Corp. Pty. Ltd. v. CLS Bank International, 2014 U.S. Lexis 4303 (June 19, 2014, No. 13-298) the Supreme Court once again addressed what has been termed "business method" patents in the context of determining whether...more

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant's request for reconsideration of its...more

More Changes in Delaware: Judge Stark Revises Patent Case Procedures

Chief Judge Leonard P. Stark of the District of Delaware recently issued revised procedures for managing patent cases that are assigned to him. These revised procedures affect nearly every aspect of a case including...more

What is Graphene? Fenwick Patent Attorney Has the Answer [Video]

The technology and life sciences communities alike have been raving about new "wonder material" graphene for the past year. From applications for wearable devices to the creation of lightweight, bendable televisions and...more

Patent Filings on July 16, 2014

New Filings - Novelty, Inc. filed IPR2014-01171 challenging U.S. Patent No. 7,021,594 assogned to Thomas E. Hundley. CoolIT Systems, Inc. filed IPR2014-01172 challenging U.S. Patent No. 8,749,968....more

Aftermath of the Supreme Court Ruling regarding Patent-Ineligible Abstract Ideas in Alice v. CLS Bank

Readers are likely aware that the Supreme Court of the United States has issued a ruling, in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL...more

Court Excludes Defense Damage Expert's Royalty Base Where Expert Based Royalty Base Solely on "Inventive Aspects" of Patent and...

ThinkOptics, Inc. ("ThinkOptics") filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, "[t]he...more

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