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FWP IP ApS v. Biogen MA, Inc. (Fed. Cir. 2018)

Last month, in FWP IP ApS v. Biogen MA, Inc., the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board granting Biogen's motion that FWP's U.S. Application No. 11/576,871...more

11/20/2018  /  Patent Applications , Patents , USPTO

USPTO Establishes Interim Procedure for Reconsideration of PTA Determinations Based on Submission of IDS Safe Harbor Statements

In a Notification published in the Federal Register earlier this month (83 Fed. Reg. 55102), the U.S. Patent and Trademark Office announced the implementation of an interim procedure for patentees to request recalculation of...more

CDC and DOD Prepare for Zombie Apocalypse

While the U.S. Patent and Trademark Office has yet to receive any patent applications describing inventions for dealing with a widespread rise of zombies (other than hi-tech "zombie" servers, virtual machines, processes,...more

USPTO News Briefs - October 2018

USPTO Introduces New Homepage - In a USPTO Alert e-mail distributed today, October 25, 2018, the U.S. Patent and Trademark Office announced the release of a new homepage, which the Office indicated was "part of a larger...more

Supernus Pharmaceuticals, Inc. v. TWi Pharmaceuticals, Inc. (Fed. Cir. 2018)

Last month, in Supernus Pharmaceuticals, Inc. v. TWi Pharmaceuticals, Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of New Jersey finding that U.S. Patent Nos. 7,722,898; 7,910,131;...more

Natural Alternatives International, Inc. v. Iancu (Fed. Cir. 2018)

Last week, in Natural Alternatives International, Inc. v. Iancu, the Federal Circuit affirmed a determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes reexamination affirming...more

USPTO Moving to New Authentication System for EFS-Web and Private PAIR

On Monday, October 1, 2018, the U.S. Patent and Trademark Office announced the implementation of a new authentication method for signing into the EFS-Web and Private PAIR. According to the Office, the new method is safer and...more

10/5/2018  /  Patents , USPTO

VoIP-Pal.com, Inc. v. Twitter, Inc. (D. Nev. 2018)

District Court Refuses to Limit Application of In re Cray to Factual Circumstances Where Physical Products Are Involved - Last month, in VoIP-Pal.com, Inc. v. Twitter, Inc., District Judge Richard F. Boulware, II of the...more

USPTO Announces 2018 Patents for Humanity Winners

Earlier this month, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program. The Patents for Humanity program, which was launched by the Office in February 2012 as part of an...more

8/23/2018  /  Patents , Patents for Humanity , USPTO

Endo Pharmaceuticals Solutions, Inc. v. Custopharm Inc. (Fed. Cir. 2018)

Last month, in Endo Pharmaceuticals Solutions, Inc. v. Custopharm Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of Delaware finding that Defendant-Appellant Custopharm Inc. had not...more

Pappalardo v. Stevins (Fed. Cir. 2018)

Last week, in Pappalardo v. Stevins, the Federal Circuit affirmed-in-part, vacated-in-part, and remanded a decision by the U.S. District Court for the Middle District of Florida granting a motion to dismiss filed by...more

Otonomy, Inc. v. Auris Medical, AG (Fed. Cir. 2018)

Last week, in Otonomy, Inc. v. Auris Medical, AG, the Federal Circuit reversed the decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board according to Auris Medical, AG the benefit of priority to its...more

Deadline to Submit Comments to USPTO on Berkheimer Memo Approaching

In April, the U.S. Patent and Trademark Office issued a memorandum to its Patent Examining Corps discussing changes in examination procedure pertaining to subject matter eligibility in view of the Federal Circuit's decision...more

Ex parte Galloway (PTAB 2018)

In a decision issued in May, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final rejection of claims 35-48 in U.S. Application No. 13/512,585. The claims at issue had been rejected by...more

CDx Diagnostic, Inc. v. United States Endoscopy Group, Inc. (S.D.N.Y. 2018)

Storage Units Do Not Satisfy Second Prong of Cray Test for Establishing "Regular and Established Place of Business" - Earlier this year, in CDX Diagnostic, Inc. v. United States Endoscopy Group, Inc., District Judge Nelson...more

Akeso Health Sciences, LLC v. Designs for Health, Inc. (C.D. Cal. 2018) - July 2018

Plaintiffs Litigation Position on Defendant's Equitable Estoppel Defense Not Objectively Unreasonable - Last month, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S....more

Illumina, Inc. v. Natera, Inc. (N.D. Cal. 2018)

Last month, in Illumina, Inc. v. Natera, Inc., District Judge Susan Illston of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Defendant Natera, Inc., to dismiss a complaint...more

USPTO Issues Memorandum on Vanda Pharmaceuticals v. West-Ward Pharmaceuticals

In a memorandum distributed to the patent examining corps last month by Robert W. Bahr, Deputy Commissioner for Patent Examination Policy at the U.S. Patent and Trademark Office, the Office addresses a recent decision by the...more

IPO Releases List of Top 300 Patent Holders for 2017

Life Sciences Top 54 - Last month, the Intellectual Property Owners Association (IPO) announced the release of its 35th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that...more

USPTO Issues U.S. Patent No. 10,000,000

The U.S. Patent and Trademark Office announced earlier today that it has issued U.S. Patent No. 10,000,000. The '000 patent, entitled "Coherent Ladar Using Intra-Pixel Quadrature Detection," is directed to a frequency...more

6/20/2018  /  Patents , USPTO

Akeso Health Sciences, LLC v. Designs for Health, Inc. (C.D. Cal. 2018)

Patentee Equitably Estopped from Asserting Patent Due to 10-Year Delay in Filing Suit - Earlier this year, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S. District Court...more

Borehead, LLC v. Ellingson Drainage, Inc. (D. Minn. 2018)

Method of Pulling Pipe Beneath Obstacle Not Directed to Patent Ineligible Abstract Idea - Last month, in Borehead, LLC v. Ellingson Drainage, Inc., District Judge Patrick J. Schiltz of the U.S. District Court for the...more

U.S. Venture Funding on Pace for Another Record-Breaking Year

Earlier this year, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its Pitchbook NVCA Venture Monitor report on venture funding for...more

Celltrion, Inc. v. Genentech, Inc. (N.D. Cal. 2018)

Last month, in Celltrion, Inc. v. Genentech, Inc., District Judge Jeffrey S. White of the U.S. District Court for the Northern District of California granted two motions to dismiss filed by Defendants Genentech, Inc.; Hoffman...more

6/8/2018  /  BPCIA , Celltrion , Motion to Dismiss

Genetic Veterinary Sciences, Inc. v. LABOklin GmbH (E.D. Va. 2018)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter...more

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