Recent developments in trademark law have highlighted the challenges associated with translating creative works into other languages and the legal implications this brings. In particular, a precedential opinion by the US Patent and Trademark Office’s Trademark Trial and Appeal Board emphasized the intricate nature of intellectual property rights and their limitations. The case, which involved…
In a recent development in patent law, the Federal Circuit is currently reviewing the Amgen Inc. V. Sandoz Inc, No. 2022-1147 case. The case pertains to matters related to patent obviousness and priority date. As a backstory, Amgen, a large biopharmaceutical company, produces and markets a medication known as apremilast for treating specific types of…
The case of In re Cellect (Fed. Cir. 2023) may raise some eyebrows among legal professionals. A recent decision by the Federal Circuit has delved into an issue that has been left open for quite some time. This involves the judicially created doctrine of obviousness-type double patenting (ODP). The court has now shed light on…
In an intriguing turn of events, the US Court of Appeals for the Federal Circuit has made the decision to vacate and remand a Patent Trial & Appeal Board ruling that rendered a patent invalid. This move has been taken on the grounds of assessing nexus and weight, as reported by legal news outlet JD…
In a recent development that suggests increasing buy-in into sustainability efforts, climate-tech firm Aeroseal managed to secure $67 million in its Series B funding round. Given the magnitude of challenges associated with climate change, this investment marks a significant stride in reaffirming the substantial role that private enterprises can play in reducing carbon emissions. Mintz…
In a recent judicial development, the US Court of Appeals for the Federal Circuit has validated the Patent Trial & Appeal Board’s (PTAB) decision to invalidate two patents, signifying essential repercussions in the world of patent law. The ruling imparts that no disparagement does not amount to a “teaching away”, and free samples cannot testify…
Over the past decade, the landscape for recreational cannabis has seen a stark transformation, with many states opting for decriminalization or outright legalization. As these changes have unfolded, however, cannabis businesses find themselves continuing to grapple with protecting their brands. The root of the problem? Federal trademark protection remains elusive for those in the cannabis…
In the week ending August 25, 2023, several key rulings reshaped the landscape of patent litigation. One case particularly stands out: Volvo Penta of the Americas, LLC v. Brunswick Corp., No. 2022-1765 (Fed. Cir. (PTAB) Aug. 24, 2023). The court’s decision addressed a critical issue facing many industries: the challenge of patent claims before the…
In the realm of intellectual property law, an emerging matter of contention is the nature of Terminal Disclaimers and their potential misuse as an ‘escape hatch’. Terminal Disclaimers, while playing a crucial role in the legal treatment of overlapping patents, are not designed to serve as convenient loopholes in patent law. This issue recently came…
In a recent precedent-setting decision that is already prompting discussion among legal professionals, the U.S. Court of Appeals for the Federal Circuit addressed a longstanding query related to Obvious-Type Double Patenting (ODP) and Patent Term Adjustment (PTA). The Court’s ruling in In re Cellect (No. 22-1293) was promulgated on August 28, 2023. Historically, the relationship…
In a recent decision by the Federal Circuit, the long-standing practice of adapting terms for patents may be at risk of drastic changes. Specifically, under the doctrine of obviousness-type double patenting (ODP), term-adjusted patents can now be invalidated by earlier-expiring patents in the same patent family. The significant case under discussion is In re Cellect….
The United States Patent and Trademark Office (USPTO) has issued a caution to trademark applicants against ‘spoofed’ calls that impersonate the Office. These calls are a technique employed by phone scammers who are aiming to fool the call recipients into disclosing personal identifying or payment information. The scammers impersonate employees of the USPTO in an…
In a recent development in the world of patent law, the Wisconsin-based company, Kohler Co., is vigorously asserting design patent infringement claims over one of its many fixtures. The defendants in the case, Sweethome, an importer operating under the business name Sweethome247.com, has been accused of making profits off Kohler’s designs. As reported by Womble…
In relation to recent requirements that the United States Patent and Trademark Office (USPTO) collect domicile information of all trademark applicants, some clarifications have been made. As required by the Lanham Act, this collection of domicile information is substantial evidence necessary to establish the applicant as a real person or corporation domiciled in the United…
On August 22, 2023, the Federal Circuit made an affirmative decision in an inter partes review (IPR) Final Written Decision, classifying claims to deuterated derivatives of a drug named ruxolitinib as unpatentable due to their obvious nature. The ruling diminished the patentee’s argument that an individual with adequate skills in the field would not have…
As one of the largest consumer markets of pharmaceuticals, China has been increasingly recognized for its notable role in the layout of pharmaceutical patents. Considerable attention has been paid to inventions such as medical use, drug crystalline form and the like, which play a significant part in prolonging the patent protection of the original drug….
In legal news, one of the latest Federal Court cases, “Volvo Penta of the Americas, LLC v. Brunswick Corp., Appeal No. 2022-1765 (Fed. Cir. Aug. 24, 2023)” has made headlines for the unusual decision by the Federal Circuit. In this case, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) erred in…
In August 2023, key decisions were made on a number of patent cases that hold implications for legal professionals in the field of intellectual property, particularly those involved with pharmaceutical and therapeutic patents. One case of note is Incept LLC v. Palette Life Sciences, Inc., (Nos. 2021-2063, -2065 (Fed. Cir. (PTAB) Aug. 16, 2023) The…
The Office of Patented Medicines and Liaison of Health Canada recently released its Statistical Report for the fiscal year ending March 31, 2023. It encompasses information related to Patented Medicines (Notice of Compliance) Regulations, Data Protection (C.08.004.1 of the Food and Drug Regulations), and Certificates of Supplementary Protection. This document, released on June 23, 2023,…
The rail transport sector has seen a constant influx of innovative solutions aimed at reinforcing safety, punctuality, and overall service quality. One such innovation was developed by a principal at railway management firm Railware, which led to the issuance of several patents. Two of these patents were asserted in a legal case filed by Railware…
In a world increasingly dominated by advanced technologies and scientific breakthroughs, determining patent eligibility for innovations has been a longstanding challenge. However, there is now a significant development hinting at the potential simplification of patenting medical diagnostics in the United States. The introduction of the recent bill, the Patent Eligibility Restoration Act of 2023 (PERA),…
In a recent ruling, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) declared that Thomson Reuters Enterprise Centre GmbH failed to establish its patent analyzing law firm client leads as anything more than an unpatentable abstract idea. This statement came on Monday, dealing a blow to the company’s efforts to secure…
Noted law firm Perkins Coie LLP has successfully defended off a disqualification attempt in a patent infringement lawsuit brought forward by BeSang Inc. against Intel Corp., continuing its representation of the tech giant. As reported by Bloomberg Law, the case is being heard in a US District Court in Oregon. The motion to disqualify Perkins…
In the latest developments, the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively known as “CVC”) have filed their response and reply brief on May 19th in the face of an ongoing consideration by the Patent Trial and Appeal Board (PTAB). This action comes as an appeal against an unfavorable decision on…
On August 18, 2023, Regeneron Pharmaceuticals, Inc. announced that the Food and Drug Administration (FDA) granted approval for EYLEA HD®, an 8 mg injection of EYLEA® (aflibercept). The cutting-edge treatment was developed in conjunction with Bayer A.G. and has proven potential in addressing serious eye conditions such as wet age-related macular degeneration (wAMD), diabetic macular…