Patent – Page 157 – Legal News Feed

JDSupra

Analyzing the Public’s Response to USPTO, ITA, and NIST’s Joint Call for Standards-Related Comments

Pieter Gunst3 years ago03 mins

In early November 2023, a significant response was submitted to public comments directed at the joint call by United States Patent and Trademark Office (USPTO), the International Trade Administration (ITA), and the National Institute of Standards and Technology (NIST). These organisations had previously requested public opinions regarding standards-related issues. Responding to this call, substantial public…

JDSupra

AI Patent Landscape: White House Executive Order on Inventorship and Patentable Subject Matter

Pieter Gunst3 years ago04 mins

In an important development with far-reaching implications for the legal and tech communities, on October 30, President Biden issued an executive order concerning the safe, secure, and dependable development and use of artificial intelligence (AI). This executive order has a particular focus on patents and the evolving contexts of AI technology. The executive order mandates…

JDSupra

Navigating the Ripple Effect: Patent Dispute Transfers and Venue Selection Strategies

Pieter Gunst3 years ago03 mins

It was on October 30, 2023, when Judge Brian M. Cogan of the Eastern District of New York (E.D.N.Y) sent a shockwave through the legal community handling patent disputes. The judge controversially transferred a declaratory judgement patent dispute, originating from the E.D.N.Y, to the Central District of California. The rationale behind this transfer located its…

Above the Law

Litigation Funding Takes Center Stage: LITFINCON III Conference Set for March 2024

Pieter Gunst3 years ago04 mins

2023 marked a noteworthy year for developments in the patent world, largely driven by litigation funding. The rapid evolution of the litigation funding industry has far-reaching impacts on the patent litigation ecosystem, spawning a steady stream of discussions and analyses. Conferences are frequently at the heart of these conversations, and one such event creating waves…

JDSupra

Patent Litigation Strategies Refined After United Therapeutics Corp. v. Liquidia Technologies Ruling

Pieter Gunst3 years ago03 mins

The legal fraternity has been closely monitoring the United Therapeutics Corp. v. Liquidia Technologies, Inc. case from the U.S. Court of Appeals for the Federal Circuit, with some trepidation. This case is centered around the patent battles regarding a key pulmonary hypertension treatment, Tyvaso® (Treprostinil). Judges Lourie, Dyk, and Stoll presided over the appeal. The…

JDSupra

US-Mexico GE Corn Dispute: New Resolution Panel Explored in Talking Ag Biotech

Pieter Gunst3 years ago02 mins

In the latest episode of Talking Ag Biotech, Keith Matthews was joined by Kimberly Reynolds of Wiley’s International Trade practice to discuss the establishment of a new dispute resolution panel. This panel is a recent development amidst the ongoing genetically engineered (GE) corn dispute between the United States and Mexico under the U.S.-Mexico-Canada Agreement (USMCA)….

JDSupra

FTC Tackles Excessive Patent Listings to Bolster Generic Drug Market and Reduce Pricing

Pieter Gunst3 years ago02 mins

Further regulation of generic drug competition and drug pricing has been proposed in the latest move by the Federal Trade Commission (FTC). In line with a broader initiative to enforce antitrust laws more numerously, the FTC, on November 7, 2023, announced challenges addressing multiple patent listings by manufacturers of brand-name drugs. The patents under scrutiny…

JDSupra

FTC Challenges Over 100 Patents in FDA’s Orange Book, Prompting Scrutiny on Listing Requirements

Pieter Gunst3 years ago02 mins

The Federal Trade Commission (FTC) has officially challenged more than 100 patents listed by brand name drug manufacturers in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,” often known as the “Orange Book.” This action, which took place on November 7, 2023, has drawn considerable attention to listing requirements of…

JDSupra

Navigating the Labyrinth: Fundamentals of Patent Litigation 2024 Program Unveils Insights and Strategies

Pieter Gunst3 years ago03 mins

The world of patent law constantly witnesses shifts and transformations due to the iterative decisions and interpretations of the Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO). To navigate this intricate labyrinth, practitioners need accurate, timely, and relevant guidance. Understanding these requirements, the Practising Law Institute (PLI) is organizing a…

The American Lawyer

K&L Gates Loses Tokyo IP Filing Capability as Key Partner Departs

Pieter Gunst3 years ago01 mins

K&L Gates has seen a crucial departure from its team in Tokyo, resulting in a separate legal entity taking the forefront for IP filing capabilities in Japan. Mitsuhiro Imamura, the firm’s only Japan-qualified patent attorney and partner, has reportedly parted ways with K&L Gates. Recent documentation from the Japan Patent Attorneys Association (JPAA) indicates that…

JDSupra

FTC Tightens Grip on Orange Book Listings, Ensuring Stricter Adherence to Patent Regulations

Pieter Gunst3 years ago02 mins

In a recent development, the Federal Trade Commission (FTC) has set its sights on inappropriate listings within the Orange Book – a comprehensive list of FDA approved drugs. The FTC announced in its September 2023 policy statement the intention to “scrutinize improper Orange Book listings” and to employ “its full legal authority” in taking decisive…

JDSupra

Venture Capital Funding and Its Impact on Patent Applicants’ Entity Status

Pieter Gunst3 years ago03 mins

The United States Patent and Trademark Office (USPTO) provides significant benefits to patent applicants who qualify as “small entities,” most notably in the form of reduced official fees. However, certain factors can nullify a company’s eligibility for these benefits, and false claims, particularly regarding small or micro entity status, can result in serious penalties including…

JDSupra

FDA Grants Interchangeable Status to BYOOVIZ, Impacting Market Dynamics and Patent Litigation in Pharma Industry

Pieter Gunst3 years ago03 mins

The U.S. Food and Drug Administration (FDA) has conferred interchangeable status upon Biogen and Samsung Bioepis’s ranibizumab biosimilar, BYOOVIZ® (Ranibizumab-Nuna). The legal professionals would be cognizant of the fact that BYOOVIZ® has been deemed interchangeable with Genentech’s LUCENTIS for the treatment of several ophthalmic conditions, including neovascular (wet) age-related macular degeneration, macular edema following retinal…

Bloomberg Law

Womble Bond Dickinson Boosts IP Practice with High-Profile Partner Duo Hew and Gulia

Pieter Gunst3 years ago03 mins

Womble Bond Dickinson, a law firm with a diverse array of legal capabilities has just acquired two key members to their team, Vanessa Hew and Gregory Gulia. Both Hew and Gulia are joining as partners in the trademarks, copyrights, and transactions practice group in the firm’s New York office. The significance of such an event…

JDSupra

PTAB Dismisses Inter Partes Review in Light of Sotera Stipulations and Discretionary Powers

Pieter Gunst3 years ago04 mins

In an interesting development for IP professionals, the PTAB has dismissed the institution of inter partes review under Fintiv in a case brought by Zhuhai Cosmx Battery Co., Ltd against Ningde Amperex Technology Limited, IPR2023-00587. This series of decisions provides an insightful look into a lesser-used exercise of discretion by the Patent Trial and Appeal…

JDSupra

Kidon IP’s Insightful Response to USPTO, ITA, and NIST’s Call for Public Comments

Pieter Gunst3 years ago02 mins

The United States Patent and Trademark Office (USPTO), The International Trade Administration (ITA), and National Institute of Standards and Technology (NIST) recently made a call for public comments. This request for public input has given rise to a wealth of dialogue from numerous industry professionals. One such response of note came on November 6, 2023,…

JDSupra

New Evidence in IPR Reply Briefs: Axonics v. Medtronic Case Sets Precedent in Patent Litigation

Pieter Gunst3 years ago03 mins

On August 7, 2023, in the case of Axonics, Inc. v. Medtronic, Inc. (Nos. 2022-1532, 2022-1533), the Federal Circuit Court addressed an pivotal issue concerning the ability of a petitioner in an IPR (Inter Partes Review) to present new evidence in a reply brief. This becomes particularly significant when the patent owner proposes a new…

JDSupra

Federal Circuit Vacates PTAB Decision: Implications for Patent Claim Construction and IP Portfolio Management

Pieter Gunst3 years ago02 mins

In a recent development, the Federal Circuit has chosen to vacate the Patent Trial and Appeal Board’s (PTAB) decision based on what they deemed to be an overly narrow claim construction. The matter in focus was Apple Inc. v. Corephotonics, LTD., a case that presented two key decisions to analyze. The first issue at hand…

JDSupra

White House Executive Order on AI Sidesteps Intellectual Property Challenges

Pieter Gunst3 years ago03 mins

In a recent development, the White House Executive Order on Artificial Intelligence (AI) appears to sidestep some of the more contentious intellectual property (IP) issues. The order, dubbed “EO” in law circles, conducts a broad sweep of AI topics, ranging from risk management to problem-solving methodologies. The EO is most poignant, however, in its discussions…

Above the Law

FTC Targets Major Pharma Firms Over Improper Orange Book Listings to Safeguard Generic Drug Competition

Pieter Gunst3 years ago03 mins

AbbVie, AstraZeneca, and GSK are part of the 10 companies now on the Federal Trade Commission’s (FTC) radar as it begins challenging more than 100 patents in the “Orange Book.” The FTC alleges that these businesses erroneously or inaccurately listed items on the FDA-approved products list, intending to hold off competition from generic drugs. The…

JDSupra

Tzumi Electronics Faces Legal Battle as Judge Denies Key Motions in Therabody Patent Case

Pieter Gunst3 years ago02 mins

In the patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) has adopted two recommendations extended by the magistrate judge, as indicated in a recent decision. This marks a significant development in a legal battle involving some key industry players. The first R&R (Report and Recommendation) recommended the denial of Defendant Tzumi’s motion for partial summary…

JDSupra

Judge McMahon’s Omnibus Ruling Offers Insight into Complex Intellectual Property Litigation

Pieter Gunst3 years ago03 mins

In a comprehensive ruling on September 20, 2023, Judge McMahon of the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided on a series of pre-trial motions in a complex litigation involving trade dress infringement, unfair competition, and patent infringement. The parties involved were Geigtech East Bay LLC (“Geigtech”) and Lutron Electronics…

Law.com

Amazon Escapes One Patent Infringement Claim Over Voice Recognition Tech, Others Await Evaluation

Pieter Gunst3 years ago03 mins

Senior U.S. District Judge T.S. Ellis III of Virginia has partially granted Amazon’s motion to dismiss a patent infringement complaint filed by Dialect. The decision, centered on voice recognition technology and natural language understanding used in Amazon’s Echo and Alexa products, particularly affects one of seven patents under contention. The concern raised by Amazon prompted…

JDSupra

Federal Circuit Upholds PTAB Decision: Emphasizing Flexibility in Obviousness Evaluation

Pieter Gunst3 years ago03 mins

In a recent case, Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit upheld a PTAB decision that declared some of the claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable. This decision is notable, as the PTAB did not expressly address the expectation of success for the proposed obviousness combination…

JDSupra

FTC Challenges Over 100 Drug Patents in Orange Book Dispute

Pieter Gunst3 years ago03 mins

In a notable move by the Federal Trade Commission (FTC), the agency has announced challenges to more than 100 patents held by 10 branded drug firms on November 7. The FTC questions the proper listing of these patents in the Food and Drug Administration’s (FDA) Orange Book, deeming them either inaccurate or irrelevant. The Commission…