Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Peter Heuser, Schwabe Williamson & Wyatt In Shire , the panel rejects defendant’s attempt to read “consisting of” as though the claims read “consisting essentially of.” While we normally limit our comments to…
Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. ( here ) The Phigenix decision follows an earlier decision ,…
Written by Scott Forbes and Jeremy Carney The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB 2016) that claims reciting a magnetic resonance imaging apparatus are directed to ineligible subject…
Written by Rose M. Pilpa, Ph.D. and Jason J. Jardine Edited by Catherine Holland In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple…
An Internet search using the term "provisional patent application" will bury you in ads by companies offering inventors a low-cost entry ticket to the U.S. patent system. I'm concerned, but not surprised. The U.S. provisional patent…
In last couple of weeks we reported that Apple, with 267 IPR challenges filed since 2012, has been at the top, responsible for almost 5 percent of all challenges filed. This week, we decided to review the company’s cases and see who has been winning…
Written by Julianna Simon and Jeff van Hoosear On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech…
Written by Nicole R. Townes and Robert Roby What is a design patent? Although trademarks and copyrights most frequently come to mind when considering the types of intellectual property protection available for fashion items, design patents can also offer…
By Christopher Hall Here is a technique for rapidly drafting claims, for a patent application. This is a brainstorming mechanism that works for one person, or two, or more, and uses a free-form drawing or diagram to both gather words and prompt writing.…
By Barry Herman By now, most everyone in the patent community has heard about the $2.54 Billion dollar jury verdict in a battle over Hepatitis C medication that resulted from a jury trial in December 2016. In Delaware federal district court, Idenix…
I have both been busy since the holiday season and frankly, uninspired by the case law that has appeared on the scene. Who can be enraptured by the fine points of standing when we are all speculating about whether Michelle Lee still has a job – along…
Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent System. The Unitary…
