Lest we forget, there are two other interferences proceeding before the Patent Trial and Appeal Board, one of which (Interference No. 106,127) names ToolGen as Senior Party and as Junior Party the University of...more
Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more
Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more
Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University...more
In Becton, Dickinson & Co. v. Baxter Corp. Englewood, the Federal Circuit overturned a decision by the Patent Trial and Appeal Board (PTAB) in an inter partes review that claims in the challenged patent were not invalid for...more
Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over...more
6/3/2021
/ Administrative Law Judge (ALJ) ,
Assignor Estoppel ,
Claim Construction ,
Contributory Infringement ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
Induced Infringement ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Section 337
Last month, Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, "Broad") filed its reply to an opposition to Broad's motion to correct inventorship filed by Junior...more
Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of...more
Last week, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its reply to Senior Party The Broad Institute, Harvard University, and the...more
In one of the more daring (and somewhat risky) strategies by an appellant challenging an adverse decision in a covered-business method (CBM) review proceeding, New Vision Gaming asserted a purported conflict of interest by...more
Or maybe not. On April 30th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2021 Special 301 Report. In a press release, the USTR stated that "[i]ntellectual property rights incentivize our creators,...more
The Federal Circuit continues its recent run of decisions extending the reach of the enablement requirement of 35 U.S.C. 112(a) to invalidate patents in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies,...more
Last month, the Federal Circuit affirmed an exclusion order imposed by the International Trade Commission against Bio-Rad for importing infringing microfluidic systems and components used for gene sequencing or related...more
In a time of a global pandemic, with antivaxxer and anti-science sentiments running rife, and when combinations of fear, distrust, and paranoia are rampant, it is easy for important results from basic science to become fodder...more
Dennis Crouch, our colleague at Patently-O, tweeted last week that there have Dennis Crouch, our colleague at Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19...more
While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more
5/10/2021
/ Coronavirus/COVID-19 ,
Eminent Domain ,
Fifth Amendment ,
GATT ,
Innovation ,
Intellectual Property Protection ,
Just Compensation ,
Patents ,
Takings Clause ,
TRIPS Agreement ,
Vaccinations ,
WTO
And everybody knows that suspending patent rights is necessary to provide sufficient vaccine to stem the global pandemic caused by the SARS-CoV-2 virus known as COVID-19. It is always a sign of intellectual weakness and pack...more
Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v....more
Earlier this month, Eric Sagonowsky reviewed the top ten drugs in the U.S. (in terms of sales) losing patent exclusivity in an article published by Fierce Pharma....more
Demagogy is never pretty. When coupled with a species-threatening pandemic, the propensity for the pundit class is to be susceptible to solutions that sound reasonable only to the uninformed. To make matters worse, some of...more
The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel.
As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and...more
4/26/2021
/ America Invents Act ,
Assignor Estoppel ,
Claim Construction ,
Oral Argument ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Validity ,
Patents ,
Prior Art ,
SCOTUS ,
Stare Decisis
The humble peach has been the inspiration for pies, album titles, independent movies, and a fictional woman's baseball team, but is also an important food species, yielding 24.5 million tons globally in 2018. Like all plant...more
The Federal Trade Commission (FTC) spent the better part of a decade attacking the practice of innovator drug companies settling ANDA litigation by providing payments to generic applicants challenging the validity of Orange...more
4/16/2021
/ Abbreviated New Drug Application (ANDA) ,
Exclusivity ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
SCOTUS
Senior Party ToolGen Inc. has filed a protective order in each of Interference Nos. 106,126 (naming as Junior Party the Broad Institute, Massachusetts Institute of Technology, and Harvard University) and 106,127 (naming as...more
Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of...more