Last week, the Federal Circuit affirmed the rejection by the Patent Trial and Appeal Board of claims 1-3 of U.S. Patent Application No. 15/726,162 as being patent ineligible under 35 U.S.C. § 101. The '162 application, which...more
Impact of COVID-19 Pandemic on Patent Offices – June 14 Update -
In a notice posted on its website on Thursday, June 11, the U.S. Patent and Trademark Office announced that it was extending the time period for petitioning...more
On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic." At the time of the announcement, the WHO noted that there were 118,000 cases...more
In April, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Texas granting summary judgment in favor of Repro-Med Systems, Inc., finding that Repro-Med did not infringe U.S. Patent...more
This week, in Idorsia Pharmaceuticals, Ltd. v. Iancu, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia granting summary judgment in favor of the U.S. Patent and Trademark...more
Last month, in Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of New Jersey finding certain claims of U.S. Patent...more
4/7/2020
/ Abstract Ideas ,
Appeals ,
Judgment on the Pleadings ,
Obviousness ,
Obviousness-Type Double Patenting (ODP) ,
Partial Summary Judgments ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Pharmaceutical Patents ,
Remand ,
Reversal ,
Section 101 ,
Treatment Method Patents
Both the U.S. Patent and Trademark Office (“USPTO”) and Federal courts have issued alerts regarding their response to the COVID-19 pandemic, and the effect of the pandemic on their operations and procedures. In this Alert, we...more
Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more
3/11/2020
/ Appeals ,
Litigation Fees & Costs ,
Mootness ,
Noninfringement ,
Null and Void ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Reaffirmation ,
Remand ,
Settlement Agreements ,
Summary Judgment ,
Vacated
On Tuesday, the Federal Circuit issued a per curiam Order in NZNP Finance Ltd. v. Actavis Laboratories UT, Inc., denying a petition for rehearing en banc filed by Plaintiffs-Appellants HZNP Finance Ltd. and Horizon...more
Last month, in Becon Medical, Ltd. v. Bartlett, Senior District Judge Jan E. Dubois of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to stay filed by Defendants Scott P. Bartlett, M.D. and...more
Last week, in Intra-Cellular Therapies, Inc. v. Iancu, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia affirming a determination by the U.S. Patent and Trademark Office...more
Earlier this month, in Phigenix, Inc. v. Genentech, Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of California striking the infringement opinion of Phigenix's expert and...more
On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc.,...more
Earlier this year, in U.S. Water Services, Inc. v. Novozymes A/S, the Federal Circuit reversed a decision by the U.S. District Court for the Western District of Wisconsin, partially granting judgment as a matter of law in...more
In a memorandum distributed last week to the U.S. Patent and Trademark Office patent examining corps, Robert Bahr, the Deputy Commissioner for Patent Examination Policy, sought to clarify the Office's guidance regarding the...more
After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more
1/8/2018
/ BPCIA ,
Impression Products v Lexmark International ,
Life Technologies Corp v Promega Corp ,
Patent Applications ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sandoz v Amgen ,
SCOTUS ,
Trans-Pacific Partnership
Last week, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon denied a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules...more
In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more
Last month, in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion to dismiss filed by...more
Last week, in Tinnus Enterprises, LLC v. Telebrands Corp., U.S. Magistrate Judge John D. Love of the U.S. District Court for the Eastern District of Texas issued a report and recommendation ("Recommendation") on a Motion For...more
District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter -
Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of...more
District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter -
Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District...more
Last week, in Enzo Biochem Inc. v. Applera Corp., the Federal Circuit determined that the District Court for the District of Connecticut accurately interpreted the Federal Circuit's decision in Enzo Biochem, Inc. v. Applera...more
District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits -
Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more
District Court Denies Motion to Dismiss for Lack of Patent Eligible Subject Matter -
Earlier this year, in Viveve, Inc. v. Thermigen, LLC, District Judge Rodney Gilstrap of the U.S. District Court for the Eastern District...more