On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases. ...more
3/25/2024
/ Biotechnology ,
Food and Drug Administration (FDA) ,
Healthcare ,
Intellectual Property Protection ,
National Institute of Health (NIH) ,
Over The Counter Drugs (OTC) ,
Patent Examinations ,
Pharmaceutical Industry ,
Prescription Drugs ,
Prior Art ,
Training Requirements ,
USPTO
In Baxalta Incorporated v. Genentech, Inc., 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20 of U.S. Patent No. 7,033,590 (“the...more
BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC -
Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: A party challenging the Board’s decision by alleging claim construction...more
In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component found in cow’s milk, under 35...more
Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the...more
In Re FORNEY INDUSTRIES, INC.
Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board.
Summary: Multi-colored marks may be inherently distinctive when used on product packaging....more