The legal battle between Bristol-Myers Squibb Co. and Nanocopoeia, LLC continues to garner industry attention. The case is formally known as Bristol-Myers Squibb Co. v. Nanocopoeia, LLC, No. 22-cv-1283, 2023 WL 2867945 (D. Minn. Apr. 10, 2023) (Menendez, J.). This dispute involves the drug product Sprycel® (dasatinib) and two relevant U.S. patents – Nos. 7,491,725…
The significance of blockchain and distributed ledger technologies (DLTs) continues to ascend, proving their use and application in various fields, beyond just cryptocurrencies and financial markets. However, with this steady dawn of adoption and application, there is an emerging hotbed of patent disputes and intellectual property rights complexities. To delve into these issues, the city…
The Federal Circuit has took a pivotal step in safeguarding trademark registration rights by reversing and remanding a decision by the Trademark Trial and Appeal Board (TTAB), as mentioned in a recent observation by JD Supra. In the case of Great Concepts, LLC v. Chutter, Inc., the Federal Circuit evaluated the TTAB decision that resulted…
In a pivotal ruling affecting many in the corporate legal sphere, the Federal Circuit has reaffirmed a verdict by the Patent Trial and Appeal Board (PTAB). This court case – Elekta Ltd. v. Zap Surgical Systems – has further clarified a crucial factor for patent cases involving the use of prior art references. According to…
In a recent development, a divided panel of the Federal Circuit issued a precedential decision, reversing the United States Patent and Trademark Office’s (USPTO) cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). Details of this case have revealed a pivotal judgement concerning the power of the Trademark Trial and Appeal…
Christopher L. Crumbley, a former lead administrative judge at the United States Patent & Trademark Office’s Patent Trial & Appeal Board (PTAB), has recently taken a position at Bracewell, based out of their Austin, Texas location. Offering a wealth of patent law insight, Crumbley’s addition to the team was formally announced early this week. Armed…
Leigh M. Rothschild, an individual with more than 130 patents to his name, enjoys occupying a controversial space within the legal sphere. Having nuanced perspectives surrounding his persona, some regard him as among the most innovative inventors of his generation, while others label him a patent troll. A title of ‘patent troll’ is often given…
In the complex legal terrain where patent prosecution thrives, artificial intelligence (AI) offers increasingly valuable tools for practitioners. AI language models, known as large language models (LLMs), generate human-like text responses to user prompts using intricate deep learning algorithms. Initially, the use of LLMs within patent prosecution was cloaked in skepticism around issues of accuracy,…
Senior US District Judge Roger T. Benitez recently declared California’s assault weapon ban unconstitutional, claiming it infringes the right to bear arms as outlined in the Second Amendment of the US Constitution. The prohibitive California law stipulates a felony for those who manufacture, distribute, import, or keep assault weapons such as AR-15s for sale or…
In the continually evolving landscape of patent law, another continued evolution has occurred. The recent decision by the Supreme Court to decline a review of the case, Personalized Media Communications, LLC v. Apple Inc., indicates a further subtlety in the mechanics of patent disputes. This involves the concept of ‘prosecution laches’, which contributed to the…
Legal professionals practicing in corporate environments and international law firms must be wary of the recent policy statement issued by the US Federal Trade Commission (FTC). In view of an escalating drive against anticompetitive practices, the FTC has made its intentions clear towards those entities that improperly enlist patents in the Orange Book. As outlined…
A recent patent litigation case highlighted key challenges faced by patent owners while seeking inventorship amendments. As per a Jones Day report, a Patent Owner attempted to solidify its patent position during an Inter Partes review trial by attempting to backtrack the primary prior art reference of the Petitioner. To do this, they tried to…
In a recent case centred on computer-implemented means-plus-function limitations, the US Court of Appeals for the Federal Circuit reiterated an important judgement criterion. The said criterion dictates that if the specification discloses some arguable algorithm, its sufficiency including any allegations of inadequacy must be evaluated under the purview of the knowledge possessed by those skilled…
In a recent development that has attracted substantial attention in the legal industry, the US Court of Appeals for the Federal Circuit endorsed an obviousness ruling made by the Patent Trial and Appeal Board. The ruling underscored the fact that petitioners are not under any compulsion to categorize a prior art reference as a “primary…
In an effort to foster the independence of administrative patent judge (APJ) panels during decision-making and to enhance transparency pertaining to Patent Trial & Appeal Board processes, the US Patent & Trademark Office (PTO) has released a notice of proposed rulemaking. The rulemaking pertains to the pre-issuance internal circulation and review of decisions, a move…
Changes are underway at the European Patent Office (EPO), as it has recently announced it will stop applying its standard ten-day grace period for response filings. This move marks a significant shift in the operations of the department. Legal professionals need to take note of this key modification and adjust their legal strategies and timelines…
In a significant twist in the field of trademark law, the case of Great Concepts LLC v. Chutter, Inc. recently came under scrutiny by the Federal Circuit. This scrutiny primarily pertains to the Trademark Trial and Appeal Board’s (TTAB) authority in such situations when a registrant is found to have potentially committed fraud on the…
In recent developments within the legal landscape, the Unified Patent Court (UPC) Munich Central Division, on the 21st of September 2023, denied third party access to the case file of Astellas v. Osaka University (UPC_CFI_75/2023). Specifically, access to Astellas’ revocation action was denied, despite the request being made for “education and training” purposes. This information…
The esteemed Polsinelli Blockchain+ team recently presented the Blockchain Bi-Weekly report for October 2023. This insightful review offers a rundown of key stories emerging in the ever-evolving realms of Web3, blockchain, and cryptocurrency ecosystems. The legal professionals at Polsinelli provide their unique insights, derived from their navigational experience at the intersection of code, smart contracts,…
The legal community has cause to celebrate as the United States Patent and Trademark Office (USPTO) has recently achieved a significant milestone. On September 26, 2023, the USPTO issued its millionth design patent, representing a significant moment for intellectual property law. This event highlights the growing importance of design patents in protecting innovative designs and…
QHP Capital recently made headlines by announcing its acquisition of Applied StemCell, a California-based firm established in 2008. The deal marks a significant development in the healthcare and life sciences domain of private equity. Milpitas-based Applied StemCell specializes in the creation of platforms for gene editing and stem cell technology. These platforms aim to bolster…
In a key Federal Circuit Opinion, held on 13th October 2023, involving FINJAN LLC V. SONICWALL, INC, the Court vacated the district court’s judgment of invalidity and remanded for further proceedings. It simultaneously affirmed “the district court’s grant of summary judgment of noninfringement and the district court’s decision to exclude Finjan’s expert analysis”. This information…
In an interesting turn of events, the U.S. District Court for the Eastern District of North Carolina denied a patent holder’s rare motion for a Temporary Restraining Order (TRO). The case in question is FBA Operating Co. v. ETN Capital, LLC d/b/a Beech Lane (Case No. 5:23-CV-505-D, 2023 WL 6612439). The TRO aimed to cease…
Last week, a recent decision from Judge Williams in the District of Delaware offered a unique insight into the concept of patent eligibility for claims related to the use and training of machine learning models. The dismissal of the complaint was based on the argument that the patents-in-suit claimed ineligible subject matter under 35 U.S.C….
For the week ending October 13, 2023, the recent happenings in patent law have offered some noteworthy developments. Central to these is the case of Finjan LLC v. SonicWall, Inc., presided over by Cunningham, with Reyna joining the opinion, and Bryson concurring in part and dissenting in part. Renowned software company Finjan sued tech giant…