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In Novartis Pharm. v. West-Ward Pharm., Appeal no. 2018-1434 (Fed. Cir., May 12, 2019), a three judge panel of Stoll, Plager and Clevenger affirmed the district court’s ruling that the claims of Novartis’ U.S. Pat. No. 8,410,131, directed to…
In my last post on s. 101, discussing “ Cleveland Clinic II ” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal Circuit says it…
In earlier posts, I discussed at least one group of claims directed to the difficulties in claiming manipulations of “big data.” In ex parte Hazokaki, Appeal 2018-003293 (PTAB, Feb. 5, 2019), the Examiner and the Board were confronted with…
On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’ complaint…
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be “exhausted”, so long…
On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band Nirvana’s financial, legal,…
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend is…
Seeking More Granularity on Patent Pools? Patent pools and groupings of standard essential patents (SEPs) facilitate one-stop shopping of patent licensees. When operated fairly, these arrangements can provide meaningful efficiencies to licensors and…
2018 is over and it is time to review innovation activity for the year. In 2018, there were a total of 341,098 patents issued, which is about 3.3 percent lower than the prior year. However, this number shows an increase of about 4 percent in a 5-year…
Although this list will reach most the readers of Patents4Life after 2019 begins, 2018 deserves some attention even if it has the feel of “those we lost in 2018” lists. Although most of my colleague-commentators have published their lists by…
Atrial fibrillation (AF), a common heart rhythm disorder, is often treated with cardiac ablation. Cardiac ablation uses RF (heating) or cryothermal (cooling) energy to scar the areas of the heart muscle that are responsible for the abnormal heart rhythm.…
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe . On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in New York state court. The suit is…
