In a recent court case, Elekta Ltd. v. Zap Surgical Systems (Case No. 21-1985), the US Court of Appeals for the Federal Circuit made a significant ruling. This appeals court affirmed a Patent Trial & Appeal Board unpatentability decision. The judgement noted the combination of prior art references only requires an implicit indication of a…
Washington D.C.’s legal landscape is experiencing a noticeable shift as more law firms are harnessing the growing need for regulatory and litigation practices, investing in partner hires. Among these firms are Hogan Lovells and Robinson & Cole. Most recent in the line of strategic hires are seasoned life sciences patent litigators Howard Levine and Jennifer…
In an anticipated legal opinion, the US Court of Appeals for the Federal Circuit has significantly narrowed the scope of “comparison prior art” in design patent infringements, as announced at this publication. This impacts prior art that is considered by the fact finder during an infringement analysis and brings a new alignment within the article…
In the evolving landscape of patent law, recent PTAB rulings provide guidance for those seeking to navigate the intricacies of time bar regulations. This has come to light especially in Lightricks Ltd. v. Plotograph, Inc., IPR2023-00153, a recent dispute about service of the pleadings that shed light on the implications of defective service on IPR…
In a significant development in patent law, the Patent Trial and Appeal Board (PTAB) may permit implicit findings of ‘reasonable expectation of success’ if they are intertwined with motivation to combine. This news comes in the wake of recent Federal Court opinions including landmark case BAXALTA INCOPORATED v. GENENTECH, INC., detailed on JD Supra. In…
In an industry littered with a jarring number of technicalities, the world of patent law demonstrated again just how indispensable minutiae can be. The recent case of Apple Inc. v. Corephotonics, Ltd. proved decisive in examining the disparities between the use of definite and indefinite articles (“the” versus “a” or “an”) in patent claims. Patent…
In an intriguing development in patent law, the Federal Circuit recently ruled on the concept of “comparison prior art” in cases of design patent infringement. The court determined that “comparison prior art” used during infringement analysis must be attached to the same “article of manufacture” identified in the design patent’s claim. This ruling could impact…
In a recent legal development, Azurity Pharms., Inc. lodged a complaint against Alkem Labs. Ltd., regarding Firvanq® (vancomycin) in case No. 20-cv-1094, 2023 WL 3254117 (D. Del. May 4, 2023) presided over by Goldberg, J. The central point of contention in this case revolves around U.S. Patent No. 10,959,948, known as the ’948 patent. The…
In a recent update from the Patent Trial and Appeal Board (PTAB) and the United States Patent and Trademark Office (USPTO), it has been announced that the Patent Center is set to fully supersede the legacy Electronic Filing System-Web (EFS-Web) system and the Private Patent Application Information Retrieval (Private PAIR) tool on November 8, 2023….
In what marks a noteworthy debut in the medical technology world, the United States Food and Drug Administration (FDA) has reportedly given a Breakthrough Device Designation to a radiology triage tool. This designation was announced by Annalise.ai, a manufacturer of radiology software solutions, on September 13, 2023. As per the company’s press release, this is…
The Federal Circuit recently provided some clarity on the interaction between obvious-type double patenting (ODP) and patent term adjustments (PTA), in line with 35 U.S.C. § 154(b). The case of In re Cellect, is at the center of this clarification. Putting it into perspective, the court posited ODP is considered subsequent to the application of…
On September 11, 2023, an event transpired in the legal realm that is now getting the attention of many legal professionals globally. The Federal Circuit issued an opinion that vacated and remanded two final written decisions of the Patent Trial and Appeal Board (the “Board”) in Apple, Inc. v. Corephotonics, Ltd.. The case revolves around…
In a recent surge of events, Section 112 of the patent statute, previously a somewhat relegated area of patent law, has been thrust into the spotlight, setting the stage for a major shift in the landscape of patent law for biotechnology. The last twenty-five years have been characterized by a roller-coaster of legislation and rulings…
The world of medicine has recently accorded recognition to two path-breaking researchers, Katalin Karikó and Drew Weissman, who have been awarded the Nobel Prize in Physiology or Medicine. Their crucial discoveries relating to messenger RNA (mRNA) vaccines, particularly pivotal in times of the COVID-19 pandemic, have set a milestone in the study and application of…
In an encouraging development for patent applicants, the U.S. Patent and Trademark Office (USPTO) has announced the extension of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) until September 30, 2024. The decision has been taken to aid applicants by providing patent examiners with additional time to consider responses after a final office action…
In a noteworthy development in patent law, Current Lighting Solutions, LLC (“Current Lighting”), and Walmart Inc., have received favorable rulings from the Patent Trial and Appeal Board (“PTAB”). On September 15, 2023, the PTAB handed down these two final decisions regarding a patent dispute involving Power Concepts, LLC. These decisions represent a victory for Brooks…
In a dynamic follow-up to the first day’s reflection of the Delaware Chapter of the Federal Bar Association’s 2023 Bench and Bar Conference, we delve further into the lessons learned in the second part of the conference. The conference, which returned after an unprecedented pause due to worldwide events since May 2018, has been a…
In an ongoing series of moves reflecting the ever-increasing importance of intellectual property (IP) law in the technology sector, pioneering law firm Perkins Coie has brought Jessica Kaiser, a former lead administrative patent judge at the United States Patent and Trademark Office (USPTO), into the fold. She most recently held a position as a partner…
In the midst of the heated debate surrounding drug prices as part of the broader healthcare cost discourse, renowned patent experts are stepping up to defend the importance of patents in the face of criticism. A common perception, particularly over the past few years, aligns patents with the rising costs of medical drugs. This alleged…
In July, the United States Patent and Trademark Office (USPTO) announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. This interim process was initially established in the aftermath of the Supreme Court’s decision in U.S. v. Arthrex, 594 U.S. ___ (2021). The USPTO’s interim process has experienced…
The United States Patent and Trademark Office (USPTO) recently made significant updates to its Madrid Protocol webpages. These changes aim to improve and simplify the experience for international trademark applicants. According to a bulletin issued by the USPTO, the website now exhibits enhanced content designed to be more understandable and accessible. Few details regarding the…
In a recent development, the case titled ‘Janssen Pharms., Inc. v. Mylan Labs. Ltd., No. 20cv13103, 2023 WL 3605733 (D.N.J. May 23, 2023) (Padin, J.)’ has been the center of attention in the legal world. This case entails certain concerns regarding the drug product ‘Invega Trinza® (paliperidone palmitate)’, along with the U.S. Patent No. 10,143,693…
In a rare development in the US intellectual property landscape, an injunction pertaining to patent infringement was granted by the Federal Circuit. It involves major child safety seat manufacturer, Evenflo Co. Inc., and a patent dispute against Wonderland Switzerland AG. The sequence of events saw an interim stay of an injunction granted against Evenflo firstly….
In a recent development on an intellectual property case, a Virginia federal judge increased the payment that NortonLifeLock Inc. is obligated to pay Columbia University almost threefold, due to deliberate infringement of anti-malware patents. Furthermore, the judge held the attorneys of the cybersecurity company, Quinn Emanuel Urquhart & Sullivan LLP as contempt. The litigant Columbia…
On August 22, 2023, the Federal Circuit issued a nonprecedential decision, a hallmark case between Sun Pharmaceuticals Industries, Inc. and Incyte Corp., that has stirred conversation amongst legal professionals in the pharmaceutical industry. The court held that claims directed to deuterated analogs of ruxolitinib, a powerful treatment option for diseases like myelofibrosis, were unpatentable as…