Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent · clear
Written by Damien Howard and Michael L. Fuller Is a patent directed to electronic communications between computing devices patent eligible? As with many legal questions, the answer to this question is not black and white. In the recent Fitbit, Inc. v.…
Written by Scott Siera, Ph.D. and Michael L. Fuller Obtaining issued patents in the biotechnology space can be a challenge. Here is a list of ten patent strategies we recommend for biotechnology innovators to increase their odds of obtaining valuable…
In Life Technologies Corp. v. Promega Corp. [14-1538] (February 22, 2017), the Supreme Court reversed a Federal Circuit decision that supplying a single component of a multi-component invention from the United States is an infringing act under Patent Act…
The real news this past week is not from the Circuit but from the Supreme Court’s reversal of the Life Technologies v. Promega case. There, the Supreme Court reversed the ‎Circuit’s ruling that shipping a single component of a ‎claimed…
Written by Caleb A. Bates, Ph.D. and Agnes Juang, Ph.D. On January 12, 2017, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the judgement that Eli Lilly’s U.S. Patent No. 7,772,209 (“the ’209 Patent”)…
In Secure Access, LLC v. PNC BANK NATIONAL ASSOCIATION, [2016-1353] (February 21, 2017), the Federal Circuit vacated the Board’s decision in CBM2014-00100 on the ground that U.S. Patent No. 7,631,191 on a "system and method for authenticating a…
Written by Daniel K. Yarbrough, Ph.D. and Jing Liu, Ph.D. Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Metalcraft , the Circuit affirms a preliminary injunction based largely on the patentee’s proof that it ‎would be impossible to quantify damages ‎caused by loss of potentially-lifelong…
Written by Loni Morrow and Jason J. Jardine Edited by Catherine Holland It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry. See, Nicole R. Townes and Robert Roby, Design…
Written by Daniel K. Yarbrough, Ph.D. and Nathanael R. Luman, Ph.D. The PTAB denied institution of an IPR based on patent owner’s challenge to the prior art status of a PCT publication that was asserted by the petitioner as pre-AIA 35 U.S.C. §…
Recalibration of Venue Could Change Face of Patent Litigation As most are well aware, the patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions “may be brought in the judicial district where the defendant resides .…
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…
