Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Summary The Patent Trials and Appeals Board ruled that Petitioner could not maintain a subsequent proceeding with respect to the same claim on a ground that it “reasonably could have raised” in a prior proceeding despite Petitioner being…
The Federal Circuit recently decided two related cases concerning media content delivery patents 1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible subject matter under 35 U.S.C.…
Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v. Blackberry Corporation is an…
On January 12, 2016, President Barack Obama announced his goal of a nationwide “Cancer Moonshot,” with the ultimate goal of accelerating cancer research “to end cancer as we know it” during his State of the Union Address. As a part…
In Intendis v Glenmark , the Federal Circuit affirmed a finding of infringement under the doctrine of equivalents based on statements made by Glenmark to the FDA. The issue was whether isopropyl myristate in Glenmark’s formulation was equivalent to…
“All right, Mr. DeMille, I’m ready for my close-up.” -- Sunset Boulevard (1950) The Supreme Court decision Alice Corp. v. CLS Bank , 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject…
It’s been a tough month for Yeda at the Federal Circuit – twice the court ruled against it on a written description/disclosure issue. In UCB v. Yeda , the Federal Circuit found that Yeda’s patent claiming a monoclonal antibody (mab) did…
As Q3 of 2016 ended last Friday, we looked at the quarterly numbers for patent litigation in district courts as well as Inter-Partes Review (IPR) challenges filed before the PTAB. In those three months, there were 1,182 patent lawsuits filed in different…
Although it is unclear whether PTAB decisions are given collateral estoppel effect in district court proceedings, PTAB decisions are at least persuasive authority. And as one court observed, “ignoring the PTAB decision entirely smacks of…
As you will recall, in Prometheus v. Mayo, the Supreme Court held that a claim reciting a natural law had to have other non-conventional steps to pass muster under s. 101. The natural law in Mayo was the correlation between the concentration of the…
If the UN Secretary General and the members of his “High Level Panel on Access to Medicines” thought the State Department was bluffing when it warned against their attempt to make intellectual property the fall guy for the lack of health care…
Consulting giant Accenture has rattled the cage of the fintech community by filing a patent for an “editable” blockchain that would allow a central administrator to edit or delete information stored in a permissioned blockchain system. Business…
