News & Analysis as of

Inventors

Blockchain Variations: Sidechains, Slidechains and the Potential of the Fork

As the blockchain avalanche continues, and ever-increasing numbers of blockchain-based patent applications seek issuance, savvy inventors and practitioners continue probing for patent-eligible space. Blockchain apps...more

Delaware Court Recommends Dismissal with Prejudice of Biosimilar Neulasta Suit

In a Report and Recommendation issued December 7, 2017, Magistrate Judge Burke in the District of Delaware recommended that Amgen’s BPCIA complaint for infringement against Coherus Biosciences Inc. be dismissed with prejudice...more

Are Invention Disclosure Documents Protected By Attorney-Client Privilege?

by Fox Rothschild LLP on

A common first step in the patent filing process is the completion of an invention disclosure form. The form asks the inventors to provide basic details about the invention, including who invented it, what problem does the...more

Employer Lacks Right to Sue for Patent Infringement When Employment Agreement Fails to Assign Employee Inventions

An employer lacked standing to sue for patent infringement because the employment agreement with the inventor simply provided an obligation to assign in the future, rather than an assignment that is effective without further...more

Are You Sure You Own That Patent?

by Downs Rachlin Martin PLLC on

Hint: The standard employment agreement you have been using that includes an assignment of IP provision might not be sufficient. - In the United States, employers don’t own an employee’s or consultant’s inventions unless...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

At The Bench: Patent Law 2017 Takeaways

Viability of Diagnostic Method Claims - Problem: It has become increasingly difficult to fend off validity challenges when asserting diagnostic method claims. Claims directed to methods of determining risk or disease...more

The Broad Institute has a Patent Revoked by the EPO on Technical Grounds

The CRISPR/Cas9 landscape continues to evolve around the world. On January 17, 2019, the EPO’s Opposition Division revoked Broad’s patent EP2771468 on the grounds it lacked novelty. The revocation will not be take effect...more

Broad Institute CRISPR-Cas9 patent revoked in Europe

by Allen & Overy LLP on

17 January 2018 – the Opposition Division (OD) of the European Patent Office (EPO) has today revoked one of the Broad Institute’s foundational CRISPR-Cas9 patents in Europe (EP2771468), upholding the preliminary opinion,...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Patent Portfolio Management – a Team Approach to Patent Drafting

by BakerHostetler on

On my drive to work, there was a trash bag on the freeway, then a box, and later a couple of bags flying around. I wondered where this garbage came from. There were a number of likely candidates: a small pickup truck loaded...more

Reference Reasonably Pertinent to One Problem Deemed Analogous Art

by Jones Day on

Section 103 does not, by its terms, define the “art to which [the] subject matter [sought to be patented] pertains,” but longstanding precedent couches this question of fact in terms of “whether the art is analogous or not.”...more

Catch Me If You Can: Litigating Artificial Intelligence Patents

by Jones Day on

The Situation: Industry leaders are taking serious interest in artificial intelligence, which is the development of computer systems able to perform tasks that normally require human intelligence and judgment. The Impact:...more

Contingent Patent Ownership Is Not Sufficient For Federal Court Jurisdiction

by Weintraub Tobin on

There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This...more

Why Do Patents Often Include Method Claims And Apparatus Claims?

by Fox Rothschild LLP on

When I send a draft patent application to an inventor who is new to the patent process, the inventor often asks why the claims seem to repeat themselves. A patent application often has one group of claims directed to a...more

To File or Not File Provisional Patent Applications – Part 2: The Cons: IP Law Bulletin

by Nutter McClennen & Fish LLP on

In Part 1 of this post, I discussed various advantages of provisional patent applications, which are a growingly popular initial filing option for applicants seeking patent protection. These advantages include: establishing...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Nevro Corp. v. Boston Scientific Corp. (N.D. Cal. 2017)

Duty to Disclose Does Not Include Duty to Respond to Examiner Confusion - Earlier this month, in Nevro Corp. v. Boston Scientific Corp., District Judge Vince Chhabria of the U.S. District Court for the Northern District of...more

Five Things to Know About University Licensing

by WilmerHale on

Earlier this year, WilmerHale Partners Dave Gammell, Barry Hurewitz and Jeff Johnson discussed the basics of licensing and legal considerations for university licensing agreements such as unique aspects of university licenses...more

Federal Circuit Overturns PTAB Fact-Finding Regarding Conception of Invention

by Jones Day on

In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art, and thus concluded that the patent was unpatentable. The Federal Circuit...more

Judge Sweet Holds that Standing Question Cannot Be Resolved Until Trial

On September 14, 2017, District Judge Robert W. Sweet (S.D.N.Y.) denied the motion of Ferring B.V., et al. (“Ferring”) to dismiss for lack of standing a patent infringement suit brought by Allergan, Inc., et al. (“Allergan”)....more

Corroboration of the Inventor is Necessary, but Evaluated Under a Rule of Reason, Considering the Totality of the Circumstances

In NFC Technology, LLC v. Matal, [2016-1808] (September 20, 2017), the Federal Circuit reversed the PTAB’s final written decision that claims of U.S. Patent 6,700,551 were obvious, and remanded for the board to determine...more

Patent Myths Corrected – Part Two

by Weintraub Tobin on

My last column was the first of two columns discussing some of the most common misconceptions or myths about patents. Here is the second part, starting with number five on my list. A Patent Does Not Give the Patent Owner...more

So Why Do I Have To Sign This Declaration Again?

by Miles & Stockbridge P.C. on

This is a question that I often am asked when inventors have been working with us for an extended period of time. In the past, we could use an existing, executed declaration in the family for a new member, but not after...more

Joint IP Ownership Rights

New ideas, creations, and business ventures are often the product of collaboration. If lawyers had their way, a written agreement would precede every creative collaboration. Of course, this is not the case. Collaborators...more

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