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HOLOGIC, INC. v. MINERVA SURGICAL, INC. Before Stoll, Clevenger, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Despite cancelling a claim prior to assignment, assignor estoppel still applied to bar…
On June 16, 2022, the World Trade Organization (WTO) agreed to a partial waiver of intellectual property rights related to COVID-19 vaccines. The agreement came on the heels of an all-night negotiating session . The agreement followed years of proposals…
Attribution to: Published in Landslide , Vol. 14, No. 3, March/April 2022, by the American Bar Association. Reproduced with permission. All rights reserved. It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success…
Last Friday, ImmunoGen won an appeal at the Federal Circuit in ImmunoGen, Inc. v. Hirshfeld . The lawsuit is a civil action to order the granting of U.S. Application No. 14/509,809 (‘809), titled “Anti-FOLR Immunoconjugate Dosing…
Patents, copyrights, trademarks and trade secrets are the main means in a society that grants ownership to inventions and ideas which are always huge benefits to businesses and their employees. But what are the ways it affects the economy, especially ours?…
Especially now with the COVID-19 vaccine patent waiver debate, it comes to our mind the relationship between patent system and access to medicine. As in all over fields where intellectual property protection exists, without appropriate patent protection…
Next week we are going to release our Third Annual Patent Intelligence Report where we analyze the patent prosecution data, providing different statistics related to the USPTO, Technology Centers, Art Units, Examiners, Law Firms and Corporations . Last…
International sportswear company Nike filed a lawsuit against a Los Angeles-based manufacturer alleged to have produced thousands of inauthentic Nike® Dunk®-inspired sneakers. Interestingly, the lawsuit was filed shortly after Nike settled an…
Amicus Briefing May Help Get SCOTUS Attention on Growing 101 Morass In one of the more closely-watched cases involving patent eligibility, American Axle v. Neapco, Judge Moore recently highlighted how “bitterly divided” the Federal Circuit is…
Last year we wrote about the impact of the pandemic on the US patent activity and the patent prosecution practice ( Patexia Insight 79 ). We estimated a drop of 2 to 4 percent in the filing activity in 2020 and 2021, mainly due to the weakening global…
While this recent Fed. Cir. decision – Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir., Feb. 11, 2021) seems predictable, given the fate of antibody claims that recite the target and the function of antibody binding thereto, there are a few…
The first panel decision below can be found at 952 F . 3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020 , days before the Fed. Cir. issued a modified panel decision in August, 967 F . 3d 1319 (Fed. Cir. 2020) that essentially affirmed…
