In a recent case featuring the United Cannabis Corporation v. Pure Hemp Collective Inc., questions surrounding attorney’s fees in relation to inequitable conduct and conflict of interest have been brought to the forefront. This case looks back at the initial filing of a lawsuit by UCANN against Pure Hemp. The suit, which was lodged in…
The US Court of Appeals for the Federal Circuit’s decision in In re Cellect has sparked discussions among legal professionals, especially those in the intellectual property sector. The decision has been seen as dealing a blow to patent term adjustment (PTA), and hence has consequential implications for businesses and law firms alike. The court clarified…
In the complex world of inter partes review (IPR) proceedings, one frequent point of contention is the nature and extent of replies. Parties often dispute whether a reply to a patent owner response is truly responsive or instead an attempt to introduce new arguments that are not reasonably tied to those set out in the…
In recent legal news, Finjan LLC’s claim against SonicWall, Inc. was upheld by the Federal Circuit, setting a precedent for software-related intellectual property disputes. The case, known as Finjan LLC v. SonicWall, Inc., Appeal No. 2022-1048 (Fed. Cir. Oct. 13, 2023), revolved around the infringement of Finjan’s patents pertaining to malware detection. The Federal Circuit’s…
When developing a new brand or product, creative teams and legal advisors often pay significant attention to avoiding intellectual property infringement, especially in terms of trademark violations. Trademark lawyers are similarly meticulous to avoid infringing another company’s mark. However, a frequently overlooked aspect of intellectual property protection within corporate branding is something seemingly innocuous –…
In today’s digitally connected world, online marketplaces have emerged as the go-to hubs for consumer product sales. They account for a substantial portion of the total consumer products marketplace. But it’s not just retail products that have found their niche in these digital portals, industrial products like replacement parts for industrial or heavy equipment are…
The United States Patent and Trademark Office (USPTO) recently pushed forth a Notice of Proposed Rulemaking concerning pre-issuance internal circulation and review of decisions by the Patent Trial and Appeal Board (PTAB). This announcement occured on October 6, eliciting significant interest from the global legal community given its potential impacts on patent trials and appeals….
On March 15, 2022, an infringement suit was filed by Facet Technologies, LLC, also known as the Plaintiff/Patent Owner, against LifeScan, Inc., the Defendant/Petitioner, in the U.S. District Court. The basis of this suit revolves around the infringement of U.S. Patent No. 8,840,635 (the ’635 patent). The ‘635 patent is in the realm of lancets…
The United States Senate, on Tuesday, successfully confirmed Magistrate Judge Jennifer L. Hall, recognized for her comprehensive knowledge and experience in patent law, to preside as a judge in the District of Delaware. The decision came with a firm majority, nominating Judge Hall with a 67-29 vote in the Senate. Judge Hall’s recognised proficiency in…
On October 17, 2023, Jennifer Hall, a former patent lawyer, was confirmed to Delaware’s US trial court. This court is renowned for being a substantial venue to present and resolve patent and various corporate disputes. The confirmation elevates Hall from her previous position as a U.S. magistrate judge and former federal prosecutor in the U.S….
On September 29, the U.S. Food and Drug Administration granted approval for Tofidence®, a biosimilar produced by Biogen, for Genentech’s Actemra®. As reported, this marks a significant step for Biogen in the biosimilar sector. Actemra®, originally developed and marketed by Genentech, is a widely used medication designed to treat a variety of severe medical conditions….
In the rapidly changing drug development world, there has been a significant progress in the field of ophthalmic anti-VEGF therapeutics, as noted by a recent article published on JD Supra. The article points out several significant developments in ophthalmic anti-VEGF therapeutics that are currently under clinical trials. Anti-VEGF (Vascular Endothelial Growth Factor) therapeutics aim to…
In recent staff movements, Stephanie Seidman has been announced as the latest addition to Womble Bond Dickinson’s patent team, serving as their newest partner. The firm, having offices in San Diego, California, released the news this Monday. Seidman brings a wealth of expertise from her previous position at Dentons, where she guided clients in the…
The 96-year-old Federal Circuit judge Pauline Newman, who has been suspended by her colleagues from being assigned new appellate cases, has hinted at her interest in presiding over a patent trial at the district court level, according to a recent Bloomberg report. In an hour-long interview, Newman expressed her enthusiasm to preside over a district…
As law professionals abroad are aware, the conversation surrounding the European Commission’s proposed regulation of Standard Essential Patent (SEP) Licensing has sparked a significant debate. This proposal, which began surfacing this summer, garnered the attention of an array of individuals and entities, soliciting approximately 150 comments for consideration. Evidence of these discussions can be found…
The topic of secrecy orders as a shield for alien innovations is attracting ever-increasing curiosity. This was recently explored in a post on JDSupra, where the intriguing question was raised: Could patent applications indicate knowledge of extraterrestrial spacecraft?JDSupra The inherent dilemma that governments and organizations face is whether to open such advanced technology for patenting,…
In recent times, the business of 5G standard essential patents (SEPs) has seen considerable shifts. As delineated by IPlytics in a recent report, the ownership landscape of these innovatively transformative patents is undergoing significant fragmentations. A situation being widely presumed, it is now confirmed that as more patent holders seek to collect royalties on their…
Federal Circuit Judge Pauline Newman recently voiced out the need for a renewed assessment of the America Invents Act. This took place on Wednesday, during a reception celebrating her contributions to the judiciary. Judge Newman’s remarks come ten years after the implementation of the America Invents Act which was signed into law in 2011. The…
Judge Pauline Newman, touted as the nation’s oldest active federal judge, was accorded significant praise at an intellectual property conference located in suburban Washington, D.C. This adulation was extended notwithstanding the fact that her colleagues on the bench have prevented her from handling cases for at least a year. Remarkably, the 96-year-old jurist, a few…
The past week in the legal world witnessed a series of patent cases. Among them, the case of Schwendimann v. Neenah, Inc., et al., was particularly noteworthy due to its implications and the legal precedents it might set. The case, officially numbered as 2022-1333, -1334, -1427, -1432, was adjudicated at the Federal Circuit, specifically the…
The Patented Medicine Prices Review Board (PMPRB) has approved amendments to its Interim Guidance, colloquially known as the “Amended Interim Guidance”. These changes, which were proposed in June 2023, will affect the review of prices for patented medicines and were designed with the forthcoming release of new guidelines in mind. Notably, these guidelines pertain to…
In the legal and corporate world, the presumption of validity of patents has come under scrutiny. The argument that this presumption may have breached its expiration hinges on the examination requirement of patent applications – a statutory-based requirement rather than a constitutional one. Would it be justified then to announce, “The Presumption of Validity Is…
On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a remarkable decision that redefines the assessment of formal priority at the EPO during examination and in post-grant opposition proceedings. This shift in approach stands to favor applicants and patentees. The decision is an unexpected development in the process…
Reflecting on a decade subsequent to the consequential Supreme Court decision in Federal Trade Commission v. Actavis, it’s clear that this ruling fundamentally reshaped pharmaceutical antitrust law, by simultaneously defining “reverse payment settlements” and affirming that antitrust liability can apply to these settlements. Initially aiming to steer clear of instant condemnation of such settlements, the…
Last year, the Supreme Court made its decision to refuse the petition for certification in the landmark case GlaxoSmithKline v Teva Pharmaceuticals USA, widely known as GSK v Teva. The ripple effects of this denial have continued making waves within the legal community, particularly in the context of induced infringement claims and litigation strategies against…