Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
CAREDX, INC. V. NATERA, INC. Before Lourie , Bryson, and Hughes Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where specification admitted the steps were…
A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention if it has been for…
Small molecule drugs have been the norm for much of medicine’s history. Only in the past decade has there been a rise in large molecule drugs which also obtained FDA approval. When it comes to the world of pharmaceuticals, they are divided into two…
LG ELECTRONICS INC. v. IMMERVISION INC. Before Stoll , Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Where a reference contains an “obvious” error in a disclosure,…
MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY Before Dyk, Reyna, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: To maintain a statutory cause of action under the Lanham Act for activities solely conducted outside the United…
STATIC MEDIA LLC v. LEADER ACCESSORIES LLC Before Dyk, Reyna, and Taranto. Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective order violation resulting from a third…
Just the other week, Ohio State University seems to have ended a three-year-old rivalry, not with another university but with the USPTO itself. This began in 2019 when the OSU attempted to trademark the word “THE” challenging an application…
CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC. Before Dyk , Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Placing stock in a blind trust does not divest a judge of that stock for…
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…
NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD. Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware. Summary: Silence regarding the presence or absence of a limitation in a patent…
Introduction The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to whether their advances are patentable. In…
Startups face several challenges nowadays and IP protection is one of them. Especially if you aim to attract inventors and grow rapidly, you should know that investors are attracted to businesses with well-protected IP. Ensuring your IP is protected right…
