On October 17, 2023, Jennifer Hall, a former patent lawyer, was confirmed to Delaware’s US trial court. This court is renowned for being a substantial venue to present and resolve patent and various corporate disputes. The confirmation elevates Hall from her previous position as a U.S. magistrate judge and former federal prosecutor in the U.S….
On September 29, the U.S. Food and Drug Administration granted approval for Tofidence®, a biosimilar produced by Biogen, for Genentech’s Actemra®. As reported, this marks a significant step for Biogen in the biosimilar sector. Actemra®, originally developed and marketed by Genentech, is a widely used medication designed to treat a variety of severe medical conditions….
In the rapidly changing drug development world, there has been a significant progress in the field of ophthalmic anti-VEGF therapeutics, as noted by a recent article published on JD Supra. The article points out several significant developments in ophthalmic anti-VEGF therapeutics that are currently under clinical trials. Anti-VEGF (Vascular Endothelial Growth Factor) therapeutics aim to…
In recent staff movements, Stephanie Seidman has been announced as the latest addition to Womble Bond Dickinson’s patent team, serving as their newest partner. The firm, having offices in San Diego, California, released the news this Monday. Seidman brings a wealth of expertise from her previous position at Dentons, where she guided clients in the…
The 96-year-old Federal Circuit judge Pauline Newman, who has been suspended by her colleagues from being assigned new appellate cases, has hinted at her interest in presiding over a patent trial at the district court level, according to a recent Bloomberg report. In an hour-long interview, Newman expressed her enthusiasm to preside over a district…
As law professionals abroad are aware, the conversation surrounding the European Commission’s proposed regulation of Standard Essential Patent (SEP) Licensing has sparked a significant debate. This proposal, which began surfacing this summer, garnered the attention of an array of individuals and entities, soliciting approximately 150 comments for consideration. Evidence of these discussions can be found…
The topic of secrecy orders as a shield for alien innovations is attracting ever-increasing curiosity. This was recently explored in a post on JDSupra, where the intriguing question was raised: Could patent applications indicate knowledge of extraterrestrial spacecraft?JDSupra The inherent dilemma that governments and organizations face is whether to open such advanced technology for patenting,…
In recent times, the business of 5G standard essential patents (SEPs) has seen considerable shifts. As delineated by IPlytics in a recent report, the ownership landscape of these innovatively transformative patents is undergoing significant fragmentations. A situation being widely presumed, it is now confirmed that as more patent holders seek to collect royalties on their…
Federal Circuit Judge Pauline Newman recently voiced out the need for a renewed assessment of the America Invents Act. This took place on Wednesday, during a reception celebrating her contributions to the judiciary. Judge Newman’s remarks come ten years after the implementation of the America Invents Act which was signed into law in 2011. The…
Judge Pauline Newman, touted as the nation’s oldest active federal judge, was accorded significant praise at an intellectual property conference located in suburban Washington, D.C. This adulation was extended notwithstanding the fact that her colleagues on the bench have prevented her from handling cases for at least a year. Remarkably, the 96-year-old jurist, a few…
The past week in the legal world witnessed a series of patent cases. Among them, the case of Schwendimann v. Neenah, Inc., et al., was particularly noteworthy due to its implications and the legal precedents it might set. The case, officially numbered as 2022-1333, -1334, -1427, -1432, was adjudicated at the Federal Circuit, specifically the…
The Patented Medicine Prices Review Board (PMPRB) has approved amendments to its Interim Guidance, colloquially known as the “Amended Interim Guidance”. These changes, which were proposed in June 2023, will affect the review of prices for patented medicines and were designed with the forthcoming release of new guidelines in mind. Notably, these guidelines pertain to…
In the legal and corporate world, the presumption of validity of patents has come under scrutiny. The argument that this presumption may have breached its expiration hinges on the examination requirement of patent applications – a statutory-based requirement rather than a constitutional one. Would it be justified then to announce, “The Presumption of Validity Is…
On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a remarkable decision that redefines the assessment of formal priority at the EPO during examination and in post-grant opposition proceedings. This shift in approach stands to favor applicants and patentees. The decision is an unexpected development in the process…
Reflecting on a decade subsequent to the consequential Supreme Court decision in Federal Trade Commission v. Actavis, it’s clear that this ruling fundamentally reshaped pharmaceutical antitrust law, by simultaneously defining “reverse payment settlements” and affirming that antitrust liability can apply to these settlements. Initially aiming to steer clear of instant condemnation of such settlements, the…
Last year, the Supreme Court made its decision to refuse the petition for certification in the landmark case GlaxoSmithKline v Teva Pharmaceuticals USA, widely known as GSK v Teva. The ripple effects of this denial have continued making waves within the legal community, particularly in the context of induced infringement claims and litigation strategies against…
Businesses rely heavily on intellectual property (IP) to safeguard their competitive advantages. As these companies grow and evolve, the question of whether it is more beneficial to patent their technology or keep things behind the scenes as trade secrets often arises. Conventional wisdom holds that these two strategies can exist only at opposites ends of…
In a recent development that could reshape legal precedents, USPTO Director Kathi Vidal vacated a PTAB decision on August 24, 2023. The case under scrutiny was Keysight Technologies, Inc. v. Centripetal Networks, Inc. The matter was then remanded for further proceedings. This case which is currently attracting the attention of legal experts across the globe…
In a recent decision reached by the US Patent and Trademark Office’s (USPTO’S) Trademark Trial and Appeal Board, it was established that the application of the “doctrine of foreign equivalents” to trademarks is not an absolute rule. This could set a significant precedent for corporations nationwide dealing with patent and trademark issues. Specific cases involving…
In the world of pharmaceutical law, new cases with intriguing developments and possible generational ramifications pop up quite frequently. One such instance is the ongoing Purdue Pharma L.P. v. Accord Healthcare Inc., a case that draws attention to the highly sensitive matter of patents related to OxyContin® (oxycodone HCl). Here is a closer look at…
In a recent ruling, United States District Judge J. Paul Oetken denied a motion by the multinational corporation Nike, Inc. (Nike) to disqualify counsel on behalf of their defendant, Lululemon USA Inc. (Lululemon). The ruling was on May 1, 2023, and pertains to an action concerning patents linked to Nike’s Flyknit shoe technology. Nike, a…
In a recent ruling in the case of American National Manufacturing Inc. v. Sleep Number Corporation, the Federal Circuit held that a proposed claim amendment is allowed so long as it does not enlarge the scope of the claims, introduce new matters, and is responsive to a ground of unpatentability. This ruling allows that a…
In an interesting legal development, U.S. District Judge Thomas S. Ellis III recently denied a motion to strike new evidence from a reply brief; notably, he further granted a motion to transfer venue of the related patent suit from the Eastern District of Virginia (EDVA) to California. This specific case, Monarch Networking Solutions LLC v….
In an examination of personal endurance and professional dedication in the field of life sciences, we bring you the story of Carole Spangler Vaughn. As an alumna of Project W, Vaughn’s impressive career has been dedicated to crafting solutions for disease prevention and treatments in this industry. Her endeavors suddenly became a personal matter when…
In a turn of events that underscores the intricate complexities of patent law, a patentee’s own clinical trial has led to the rendering of several patent claims as unpatentable, due to the trial being classified as “prior art”. This development comes as part of a final written decision in an inter partes review proceeding. The…