In the continually evolving arena of patent law, the third week of July 2023 has seen pivotal advancement in patent cases adjudicated by the Federal Circuit. One such central case involved the United Therapeutics Corp. and Liquidia Technologies, Inc. (Nos. 2022-2217, 2023-1021, Fed. Cir. (D. Del.) July 24, 2023). The case merits attention due to…
In a significant legal development, the US Court of Appeals for the Federal Circuit has affirmed a district court’s ruling that safety and efficacy do not influence the validity of a method of treatment patent. As reported by law firm McDermott Will & Emery, this judgment took place in the dispute between United Therapeutics Corporation…
The Federal Circuit recently overturned a Patent Trial and Appeal Board (“Board”) decision, which had declared certain claims of Sanofi-Aventis’ ‘614 patent as evidently unpatentable. This significant move indicates the ongoing dynamism and challenges surrounding legal decision-making in the world of intellectual property. [Read more here.] The patent under examination was owned by Sanofi-Aventis Deutschlan…
Legal professionals worldwide must keep an attentive eye on the ongoing saga of 96-year-old Federal Circuit Judge, Pauline Newman. Currently subjected to a competency investigation, Judge Newman made headlines once again as she openly criticized the current patent eligibility law as “unnecessary and confusing” while raising questions about its divergence from its “historical purpose”. In…
Pauline Newman, at 96 years of age, is once again grabbing headlines, not for alleged incompetence due to aging, but because of her dissenting opinions. Both allegations are under dispute, as Newman recently presented a clean bill of health and the fact that a judge often expressing dissenting views is not a phenomenon that should…
In a recent ruling by the U.S. Court of Appeals for the Federal Circuit, it has been determined that a claim to a treatment method for pulmonary hypertension cannot be invalidated for lacking enablement or written description. The case at hand is United Therapeutics Corporation v. Liquidia Technologies, Inc. The court declared that the claims,…
In a recent presentation at Daybreak Labs, Kilpatrick Townsend’s Yifan Mao, MSc, and Joseph Snyder, Ph.D., JD, discussed the importance of a cost-effective patent strategy for startups. These discussions delve into intellectual property protection for startups and also broach the subject of patents and trade secrets. The presentation touched on the high-level overview of patent…
On July 24, 2023, the US Patent & Trademark Office (PTO) announced some notable changes in its review procedures, specifically in the interim Director Review (DR) process and Appeals Review Panel (ARP) process. These changes mark the end of the Precedential Opinion Panel Process, which was previously in place. One significant update to the interim…