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Intellectual Property Science, Computers & Technology

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

by Foley & Lardner LLP on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more

ITC Denies Request for Early 100-Day Program as Too Complex

by McGuireWoods LLP on

Since 2013, the U.S. International Trade Commission (ITC) has designated certain investigations where there is an issue that could resolve the entire dispute as appropriate for a 100-day early resolution....more

Da Volterra Develops Device to Combat Antibiotic Resistance

by Knobbe Martens on

Da Volterra, a biotech company developing products in the antibacterial field, has announced results in a human clinical trial for DAV132, a product said to prevent life-treating bacterial infections during antibiotic...more

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

by Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

Blockchain: Not Just A Platform For Cryptocurrency But A Potential Method For Protecting Trade Secrets And Other IP

Cryptocurrency has dominated the attention of the financial world for most of the past 12 months as Bitcoin’s value (as well as other cryptocurrencies’) soared over 1,500% in 2017 (though it has experienced some recent...more

Janssen v. Celltrion: Scheduling Order Entered

by Goodwin on

The United States District Court for the District of Massachusetts entered a scheduling order in the ongoing Janssen v. Celltrion litigation concerning Celltrion’s Inflectra®, a biosimilar of Janssen’s Remicade® (infliximab),...more

President Trump's Proposed 2019 Budget Adds Restrictions to First Filer's 180-Day Exclusivity

The Drug Price Competition and Patent Term Restoration Act of 1984 (i.e., the Hatch-Waxman Amendments) first established the ANDA approval pathway for generic drugs. Subsequently in 2003, the Medicare Prescription Drug,...more

Some Decisions for the Patent Office to the Institute IPR Validity Challenges May Be Appealed to the Federal Circuit

Abstract - A split decision of the U.S. Court of Appeals for the Federal Circuit determined that decisions by the Patent Office to institute IPR validity challenges may be appealed to the Federal Circuit when such...more

The Perils of Pre-Patenting Manufacturing and Distribution Agreements

by Locke Lord LLP on

Does this fact pattern apply to you or your company? You ask one or more companies to manufacture and distribute your idea for the next big thing (“NBT”). You ask for manufacturing and distribution services on a date, T1,...more

Chief Judge Stark Grants Defendant’s Renewed JMOL Motion After Finding Patent-In-Suit Invalid For Lack Of Enablement

by Fox Rothschild LLP on

By Opinion entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC et al. v. Gilead Sciences, Inc., Civil Action No. 14-846-LPS (D.Del. February 16, 2018), the District Court granted in part Defendant Gilead...more

The Master Review Form Provides Insight into How the U.S. Patent & Trademark Office Treats Eligible Subject Matter Rejections...

by K&L Gates LLP on

On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more

Federal Circuit Clarifies Scope of On-Sale Bar

by Knobbe Martens on

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

DSM Watch: The European Copyright Reform – JURI Vote scheduled for 27 March 2018

by Hogan Lovells on

We have reported a couple of times on the efforts by the European Union to modernize EU copyright law and make it fit for the digital age. Now, it is almost one and half years ago that the Commission presented its first draft...more

Factual Evidence of Conventionality May Be Required for Section 101 Findings

In Berkheimer v. HP Inc. (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the district court’s finding that certain claims of U.S. Patent No. 7,447,713—directed to digital processing and archiving in a digital asset...more

Travel Sentry: Another Divided Infringement Case With a Lot of Baggage

by K&L Gates LLP on

The litigation between Travel Sentry and David Tropp received its third Federal Circuit opinion on December 19, 2017. The opinion sheds further light on the Akamai decisions and reinforces the importance of context in...more

The MPEP Now Incorporates – and Expands Upon – § 101 Guidance

Since the Supreme Court decided Alice v. CLS Bank in June 2014, the USPTO regularly issues new memoranda explaining its implementation of the § 101 framework. This includes some of the more notable memos for prosecutors: the...more

The Law May Have Changed, But In Texas You’ll Remain

by Fish & Richardson on

The Supreme Court’s TC Heartland decision in May set off a tidal wave that completely reshaped the contours of patent venue law. Riding its wake, defendants around the country presented venue objections under 28 U.S.C. §...more

The Medicines Company v. Hospira, Inc.

The Medicines Company (“MedCo”) appealed findings of no infringement made by the United District Court for the District of Delaware. Hospira cross-appealed the district court’s finding that a distribution agreement did not...more

[Webinar] Patent Law: 2017 Year End Review (and 2018 Preview) - February 28th, 12:00pm ET

by BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2017 and what issues are...more

Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc.

by Robins Kaplan LLP on

Case Name: Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc., Civ. No. 15-451-RGA, 2017 U.S. Dist. LEXIS 169570 (D. Del. Oct. 13, 2017) (Andrews, J.)....more

Enforcing IP Rights in the Chinese E-Commerce Marketplace

In the last few years, China has become the world’s the largest e-commerce marketplace. On November 11, 2017 alone — a shopping holiday known as “single day” created by Chinese e-commerce giant Alibaba — Alibaba subsidiary...more

Federal Circuit Addresses On-Sale Bar in The Medicines Co. v. Hospira, Inc. . . . Again

by Locke Lord LLP on

On February 6, 2018, the Federal Circuit issued another decision in The Medicines Company v. Hospira, Inc., addressing whether an agreement satisfies the “commercial offer for sale” prong of the on-sale bar under 35 U.S.C. §...more

PTAB Denies Institution of IPR on Two Humira Patents

by Goodwin on

The PTAB has denied institution of inter partes review of two Abbvie patents that relate to HUMIRA (adalimumab). On February 9, 2018, the PTAB denied Sandoz’s IPR2017-01824 on U.S. Patent No. 9,512,216, which is directed to a...more

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