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Intellectual Property Science, Computers & Technology

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[Webinar] Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings - November 9th, 12:00pm CT

by Brinks Gilson & Lione on

Join members of Brinks Gilson & Lione's Post-Grant Patent and Medical Device practice groups as they present the webinar, "Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings." Some of...more

Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”

Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of...more

Locke Lord Article: Five Best Practices in Defending a Company in Patent Litigation

by Locke Lord LLP on

1. Unlearn the case from the Complaint; learn it from the Client. The Complaint is the first voice you will hear about the case. Many roads begin there, but that is not the case, not your Client’s case. Your Client’s...more

Court Has Zero Chill For Use Of “Chell”

by Fox Rothschild LLP on

The attendance of a multi-day concert/festival in the desert seems to be a right of passage for millennials with events popping up all over the country. However, are you permitted to utilize the goodwill associated with those...more

Allegan’s Restasis Patents Invalidated By A Federal District Court Even After Transfer To Native American Tribe And Sovereign...

by Weintraub Tobin on

In Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al, Case No. 2:15-cv-1455-WCB (EDTX October 16, 2017 Order), a Federal District Court recently invalidated several patents covering Allergan’s dry-eye drug Restasis. The...more

Building a Health App? Part 5: Contracting for Health App Construction

As you take your health app from innovative idea to reality, you will be engaging in a development project that will likely entail the procurement of technology, services and perhaps even content from third parties. For...more

PTAB Declines Request to Review Method of Treating Lymphoma Claim

A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required patients to...more

Aqua Products Levels the Playing Field at the PTAB

by Latham & Watkins LLP on

By giving patent owners a more effective tool for amending claims during an IPR proceeding, the Federal Circuit’s latest en banc decision changes the way stakeholders approach these proceedings. Key Points: - The burden...more

PTAB Institutes IPR Despite Potential Time Bar to Petition

On October 6, 2017, the Patent Trial and Appeal Board (the “Board”) granted institution of inter partes review under 35 U.S.C. § 103(a) of claims directed to an online game. Notably, institution was granted despite the Board...more

Genentech’s Complaint Against Amgen Regarding MVASI® (bevacizumab-awwb)

by Goodwin on

We reported earlier this month that, in early October, Genentech filed a complaint under seal against Amgen in the District of Delaware based on Amgen’s FDA-approved aBLA for MVASI® (bevacizumab-awwb), a biosimilar of...more

Compulsory Licensing of Biopharmaceutical Inventions

Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for...more

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more

Europe: Blockchain – The virtual currency Bitcoin

by Hogan Lovells on

Whoever thinks of blockchain also has inevitably bitcoins in mind. The Internet currency is largely based on the blockchain technology and it is therefore one of the most obvious fields of application for this technology, to...more

For the First Time, PTAB Extends One-Year Period to Issue Final Written Decision

By statute, the Patent Trial and Appeal Board (PTAB) is required to issue a final written decision within one year of the date on which an inter partes review (IPR) is instituted. 35 U.S.C. § 316(a)(11). However, Congress...more

The Federal Circuit Explains Admissibility of Post-Priority Date Evidence Regarding Written Description and Enablement Proofs

by Locke Lord LLP on

Is post-priority date evidence admissible as relevant to determining whether a patentee has complied with the written description requirement? What about for enablement? Recently, the Federal Circuit answered those...more

Return to Sender: Mail Tracking with Barcodes and URLs Found Not Patent Eligible

In Secured Mail Solutions LLC v. Universal Wilde, Inc., No. 16-1728 (Fed. Cir. Oct. 16, 2017), the Federal Circuit affirmed the lower court’s dismissal for failure to state a claim, finding that Secured Mail’s patents were...more

Federal Circuit Shifts Burden of Demonstrating Patentability for Amended Claims in Post-Grant Proceedings

by Alston & Bird on

Since the enactment of the America Invents Act (AIA), the USPTO’s Patent Trial and Appeal Board (PTAB) has required patent owners to bear the burden of proving the patentability of substitute claims in post-grant motions to...more

PTAB Designates as Precedential General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha Decision on Serial Petitions

by Finnegan – AIA Blog on

Today the PTAB designated part of its decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017) as precedential. In Section II.B.4.i of the decision—the only...more

Federal Circuit Clarifies Petitioner in AIA Reviews has Burden to Prove Unpatentability for Amended Claims

On October 4, 2017, the Federal Circuit provided some relief to patent owners by holding that petitioners seeking to cancel patent claims through inter partes review proceedings (“IPRs”) under the Leahy-Smith America Invents...more

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

by Shook, Hardy & Bacon L.L.P. on

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

March-in Rights and Compulsory License in the United States

March-in rights in the US were created in 1980, as part of the Bayh-Dole Act. Simply stated, when the US government funds research that results in patents, it obtains rights to those patents. These rights are retained even...more

Distillations: Glass Half Full

by Fish & Richardson on

Here at the Distillations Desk we’ve talked about trademark disputes over the shapes of bottles, but now comes a case about the shapes of glasses. On October 12, Glencairn IP Holdings and Glencairn Crystal Studio filed...more

Sovereign Immunity and Inter Partes Review

by Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

WINTER IS COMING… and the PTO Will Be Pruning Your Deadwood!

by Baker Donelson on

The U.S. Patent and Trademark Office has a new random audit procedure for trademarks aimed at removing deadwood from the Register. The random audit is the result of a multi-year pilot program launched in 2012 to assess the...more

December 31 Deadline for DMCA Safe Harbor Copyright Agent Designations

by K&L Gates LLP on

All companies that conduct business online should take note of an upcoming deadline for “safe harbor” from copyright infringement liability. Online service providers that allow users to store or post content (essentially, any...more

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