Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more
1/22/2016
/ America Invents Act ,
Chevron Deference ,
CLS Bank v Alice Corp ,
En Banc Review ,
Limelight v Akamai ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Sandoz v Amgen ,
Section 101 ,
Sequenom ,
USPTO
Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents Act, but they are not...more
More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more
10/7/2015
/ America Invents Act ,
AMP v Myriad ,
Centers for Medicare & Medicaid Services (CMS) ,
Congressional Reports ,
Diagnostic Tests ,
DNA ,
Exclusive Licenses ,
Genetic Testing ,
Health Insurance ,
Healthcare ,
Innovation ,
Mayo v. Prometheus ,
Patents ,
Public Disclosure ,
SCOTUS ,
USPTO
Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more
9/23/2015
/ Amicus Briefs ,
AMP v Myriad ,
CLS Bank v Alice Corp ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Prior Art ,
SCOTUS ,
Sequenom ,
TRIPS Agreement ,
USPTO
Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more
9/17/2015
/ Amicus Briefs ,
AMP v Myriad ,
Biotechnology ,
CLS Bank v Alice Corp ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
PHRMA ,
SCOTUS ,
Sequenom ,
USPTO
Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more
8/5/2015
/ America Invents Act ,
Claim Construction ,
Fee-Shifting ,
Innovation Act ,
OTDP ,
Patent Infringement ,
Patent Reform ,
Patent Terms ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patents ,
Pending Legislation ,
Pleading Standards ,
Post-Grant Review ,
USPTO
Pursuant to the Notice published in the Federal Register today, the U.S. Patent and Trademark Office provided additional materials related to the Office's interpretation of what does (and what does not) satisfy the subject...more
The U.S. Patent and Trademark Office will publish a Notice on July 30th that the Office is updating their procedures for determining subject matter eligibility. The update will contain three appendices.....more
There have been many voices raised in recent years against the patent system for a variety of political, policy, or personal reasons. Indeed, there is even a book entitled Don't File a Patent that sets out the authors'...more
7/15/2015
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
On-Sale Bar ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reversal ,
USPTO
On September 2nd, the Patent Trial and Appeals Board (PTAB) entered judgment in an inter partes review styled Ariosa Diagnostics v. Isis Innovation Ltd. (IPR 2012-00022). The Board found that Ariosa demonstrated, by a...more
Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. USB, a relatively rare occurrence in the years after the Federal Circuit's decision in Therasense v. Becton, Dickenson. In the Therasense...more
"The more things change . . ." is the beginning of an old saw, and that saying has particular relevance just days after the USPTO stopped accepted comments on its Subject Matter Eligibility Guidance. After all, this isn't...more
The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has...more
President Obama has reportedly decided against nominating Johnson & Johnson executive Philip Johnson in the face of political pressure from the hi-tech industry and Members of Congress, including Senator Charles Schumer...more
Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law & Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme...more
Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more
Despite thirty years of efforts by the Federal Circuit to bring consistency and transparency to patent law (and the last dozen years of the Supreme Court's efforts to the contrary), in many respects patent law remains "full...more
Representatives from the U.S. Patent and Trademark Office, led by Janet Gongola, Senior Advisor to the Deputy Director of the U.S. Patent and Trademark Office, spent the better part of last month traversing the U.S....more
Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more
The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more
Acting Director Teresa Stanek Rea has notified her colleagues that she will be leaving the agency "in the near future." The text of her announcement reads as follows...more
In a case that raises important issues of perhaps Constitutional dimensions (at least in Circuit Court Judge Newman's view), the Biotechnology Industry Organization (BIO) urged the Federal Circuit to rehear the panel decision...more
The Federal Circuit's jurisprudence regarding obviousness as determined by the U.S. Patent and Trademark Office continues its post-KSR development in Leo Pharmaceutical Products, Ltd. v. Rea, which involves an obviousness...more
Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment -
On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more
8/8/2013
/ Ambry ,
AMP v Myriad ,
Antitrust Litigation ,
DNA ,
Genetic Materials ,
Human Genes ,
Myriad ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Sherman Act ,
The Clayton Act ,
USPTO
Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and the courts have found it easier to render a decision that a claimed...more