News & Analysis as of


Recent Federal Circuit Decisions Emphasize Effect of Factual Questions on Patent Eligibility

by Knobbe Martens on

In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

AAM Publishes White Paper on Need for Increased Access to Biosimilars

by Goodwin on

A recent white paper from the Association for Accessible Medicines (AAM) highlighted the continued need to lower prescription drug prices. According to the paper, up to half of all patients fail to adhere to their medication...more

Stop What You Are Doing: Collateral Estoppel At The PTAB

by Jones Day on

On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue that had already been...more

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

by Ladas & Parry LLP on

In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

USPTO Withdraws Newly Characterized Antigen Test For Written Description Of Antibodies

by Foley & Lardner LLP on

The USPTO issued a two page memorandum to the Patent Examining Corps noting that some of the USPTO’s written description guidance pertaining to antibody claims is “outdated.” The memo specifically notes withdrawal of the...more

Amgen’s Motion to Dismiss Genentech’s Complaint in the Delaware Mvasi Litigation

by Goodwin on

As we previously reported, Genentech has filed two pending cases (Case Nos. 1:17-cv-01407 and 1:17-cv-01471) in the District of Delaware related to Amgen’s proposed Mvasi (bevacizumab-awwb), a biosimilar of Genentech’s...more

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Immersion Corp. v. Fitbit, Inc. (N.D. Cal. 2018)

District Court Throws Out Haptic Feedback Claims on Grounds of Patent Ineligible Subject Matter - Last week, Judge Koh of the U.S. District Court for the Northern District of California deemed claims relating to...more

Possibility of Non-Infringing Use Insufficient to Negate Intent to Encourage Infringement

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed that inducement of infringement can be shown based on encouragement and inferred intent of infringing use from a drug label. Sanofi-Aventis U.S., LLC v. Watson Labs....more

Chief Judge Stark Denies Defendant’s Motion For Entry Of Final Judgment And Orders A New Trial On The Issues Of Induced...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Fairchild Semiconductor Corp. et al. v. Power Integrations, Inc., C.A. No. 12-540-LPS (D.Del. March 16, 2018), the Court denied Defendant Power Integrations,...more

The Patent Landscape of Cryptocurrency and Blockchain

With Bitcoin and alternative coins, such as Ethereum, Ripple, and Cardano, experiencing volatile price swings, cryptocurrencies have rapidly become mainstream and widely discussed, with many seeking to find ways to profit...more

Simpleair, Inc. v. Google, LLC.

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap. Summary: Filing a terminal disclaimer to overcome an...more

PTAB Releases Orange Book-Listed Patent Study

Pharmaceutical patent owners have been one of the more vocal groups decrying the creation and existence of inter partes reviews and other PTAB post-issuance proceedings. And for good reason. Congress enacted the...more

Owning the Patent Isn’t Always Enough for Standing

by Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Immunex Moves To Stay Dupixent® Patent Litigation Pending IPR

by Goodwin on

Last week, in the ongoing Immunex v. Sanofi patent litigation regarding Immunex’s claims of infringement against Sanofi and Regeneron’s Dupixent® (dupilumab) product, Immunex moved to stay the litigation pending resolution of...more

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

Jury’s Award for Patent Infringement Increased to 3 Million for Infringing Window Blinds Components

by Knobbe Martens on

Patent Judgments & Awards - On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent...more

Innovation In Hatch-Waxman And ANDA Litigation

by Seyfarth Shaw LLP on

The Hatch-Waxman Act was enacted in 1984 to address two main congressional goals: (1) to encourage innovation in pharmaceutical research and development; and (2) to help generic drugs reach the market more quickly. Through...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

U.S. District Court For The Eastern District Of Texas Finds Defendants Have Not Committed Acts Of Infringement Sufficient To...

by Weintraub Tobin on

The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for the...more

French Intellectual Property Office Extends Granted SPC Expiration Date

by Jones Day on

The Situation: The French Intellectual Property Office ("IPO") previously refused to adjust the expiration date of a granted supplementary protection certificate ("SPCs") when it had been calculated on the date of grant of...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more

Q&A with Paul Rossler: Companies make common intellectual property mistakes

by GableGotwals on

Companies make common intellectual property mistakes - Q: What types of companies have intellectual property? A: Companies range from oil to education to software and everything in between. A 2016 study by the United...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

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