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A New Manual of Patent Examining Procedure (MPEP) is Available / So is A Revised Chapter 2000 For Duty of Disclosure

A New Manual of Patent Examining Procedure (MPEP), the ninth edition, Revision 08.2017, was made electronically available on January 25, 2018...more

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Subject Matter Eligibility

by Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Obtaining FDA clearance or approval of digital health products

by Hogan Lovells on

Many digital health products are regulated by the U.S. Food and Drug Administration (FDA) as medical devices or, when used in conjunction with a specific drug or biological product, as combination products requiring clearance...more

Massive Adoption of Drones; Safety Still Top Concern for Officials

At the Association for Unmanned Vehicle Systems International (AUVSI) and Federal Aviation Administration (FAA) co-hosted Unmanned Aerial Systems (UAS or drones) Symposium in Baltimore, Maryland last week, all speakers agreed...more

US Mayors Join Net Neutrality Cause

by Morgan Lewis on

As of this past Monday, 11 US mayors have signed a pledge defending “net neutrality” in their cities and towns. The pledge, titled “Cities Open Internet Pledge,” was introduced by Mayors Bill de Blasio of New York, Ted...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

USPTO Adopts Amgen v. Sanofi, Excises “Newly Characterized Antigen” Test from its Written Description Guidance for Antibody Claims

Last month, the USPTO issued a memorandum to its patent examining corps clarifying its guidance concerning the written description requirement for claims drawn to antibodies. In the memorandum, the USPTO adopts the Federal...more

Biologics IPR Updates

by Goodwin on

Last week, the Patent Trial and Appeal Board (“Board”) denied institution of four IPR petitions on biologics-related patents. First, the Board denied institution of IPR2017-01987 and IPR2017-01988, both filed by Sandoz Inc. ...more

PTAB holds Genentech’s antibody purification method claims unpatentable as anticipated and obvious

by Knobbe Martens on

The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v. Genentech, Inc., IPR2016-01837,...more

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

Drones – When Things Go Wrong

Over the last several years, drones have rapidly grown in popularity. From quick deliveries during rush hour to reaching an otherwise inaccessible military base, drones are proving to be extremely advantageous where humans...more

New Report Says Drones to Represent $30 Billion Industry by 2036

By 2036, unmanned aerial systems (UAS or drones) will represent a $30 billion industry according to a new report released by the Aerospace Industries Association (AIA) and Avascent, “Think Bigger: Large Unmanned Systems and...more

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

by Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

Federal Judge Rules Virtual Currencies Are Commodities Under the Commodity Exchange Act

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the...more

Split Panel Affirms PTAB Decision in Knowles Electronics LLC v. Cirrus Logic, Inc.

In Knowles Electronics LLC v. Cirrus Logic, Inc., No. 2016-2010 (Fed. Cir. Mar. 1, 2018), the Federal Circuit affirmed a PTAB inter partes reexamination decision invalidating a patent as anticipated by the prior art and...more

Remote Identification of Drones: For Commercial Operators Only or Hobbyists Too?

Last month, the Federal Aviation Administration (FAA) received recommendations regarding remote identification of drones in a report from the unmanned aircraft Identification and Tracking (UAS ID) Aviation Rulemaking...more

On Your Mark, Get Ready, Pause — Ready for a 100-Day ITC Proceeding?

by McGuireWoods LLP on

Often, by the time a company decides to turn to the U.S. International Trade Commission (ITC) for relief from infringing competitors under Section 337, there is a rush to prepare and submit a complaint that complies with the...more

Spotlight on Upcoming Oral Arguments – March 2018

Monday, March 5, 2018 - Hyatt v. PATO, No. 17-1722, Courtroom 201 - In this appeal, the Federal Circuit will consider whether the PTO exceeded its authority under the Patent Act by promulgating MPEP § 1207.04. ...more

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). ...more

Drones and Personal Privacy

Imagine that you are sitting in your backyard and a drone flies overhead. It hovers. The camera adjusts and looks right at you. Then it flies away. ...more

Drones Helping to Restore Power in Puerto Rico

In the mountains near Ponce, Puerto Rico, after Hurricane Maria tore through, the terrain made it difficult to repair power lines that stretched from peak to peak. For over four months, the entire area was in the dark and so...more

Kansas State Offers UAS Training for First Responders

Kansas State University Polytechnic Campus began working with law enforcement partners in the area to offer a training course specifically targeted for first responders seeking to use unmanned aircraft systems (UAS or drones)...more

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

by Pierce Atwood LLP on

Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

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