In a recent case involving Apple Inc. and Corephotonics, Ltd., an unexpected decision by the Patent Trial and Appeal Board (PTAB) brought the notice requirements of the Administrative Procedure Act (APA) into sharp focus. The tribunal provided a final written decision on the basis of a minor, scarcely pointed out error in an expert’s declaration,…
The U.S. Court of Appeals for the Third Circuit recently upheld the rejection of a trademark application from PIM Brands, a candymaker who created Sour Jack Wedges, asserting that a confectioner cannot obstruct its competitors from producing candy similar in appearance to a watermelon. The Sour Jack Wedges, which debuted two decades ago, mirror the…
In a recent federal case, Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., the issues of subject matter eligibility and obviousness were once again brought to the fore. The case follows on from landmark Supreme Court decisions including Mayo, Myriad, Alice, and most notably, KSR Int’l Co. v. Teleflex Inc. (2007), in which the Court first…
In a recent ruling, the U.S Court of Appeals for the Federal Circuit reaffirmed its stance that amendments to claims during an inter partes review (IPR) proceeding should not broaden the claim’s scope in any regard, in comparison to the original claims. This rule holds true even if the new claim is generally narrower than…
On May 18, 2023, the Supreme Court upheld a decision on streamlining patent challenges by rivals against drug makers. This outcome was brought into effect through the ruling in the case, Amgen Inc. v. Sanofi, as it confirms the Federal Circuit’s (CAFC) decision on enablement. This significant CAFC decision makes it more challenging for pharmaceutical…
In a recent proceeding at the Patent Trial and Appeal Board (PTAB), the case of Roofr Inc. v. Eagle View Technologies Inc., IPR 2023-00437, took an unexpected turn when the PTAB denied institution of inter partes review of a patent associated with determining the pitch of roofs. This decision was based on the failure of…
In the challenging world of PTAB petitioners – where claims are frequently argued as invalid over a combination of prior art references – understanding what constitutes “analogous art” is a threshold requirement for any obviousness inquiry. Recently, the Federal Circuit shed some light on what is required of petitioners in PTAB proceedings to satisfy this…
The cannabis industry, already rife with its own set of unique legal hurdles, is now tackling the challenge of protecting intellectual property—a particularly vulnerable area for any young, rapidly growing sector. Any successful business strategy needs a mandatory need for comprehensive employment agreements as part of its operational bedrock. As noted in this comprehensive, rigorous…
The concept of obviousness-type double patenting (ODP), while wrought with complexity, continues to hold significant weight in intellectual property law. In a recent case, the Court of Appeals for the Federal Circuit (CAFC) asserted the ongoing relevancy and legitimacy of ODP as a challenge to patent validity. This analysis was carried out by the CAFC…
In the light of recent developments and court decisions, holders of patents need to reassess their patent strategy. The crucial case of In re Cellect signals an important shift, where granted patents could potentially be at risk of facing Post-Grant Double Patenting challenges. These challenges may result in the loss of the patent altogether or…
A webinar series, titled “3rd Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA,” is slated to hold from October 10th through 26th, starting daily at 1:00 pm EST. This digital event comes with an especial interest for legal professionals and business executives involved in the biopharmaceutical industry as it aims to provide…
Teaching complex technology in patent litigation is an art that is always evolving, especially with the ceaseless proliferation of sophisticated intellectual properties. This is the topic of an upcoming webinar, scheduled for October 5th, from 12:00 pm to 1:00 pm ET. No matter how intricate or esoteric the technology in a patent dispute may be,…
As we spotlight the contemporary challenges faced by law firms, one area that has stood the test of time is managing conflict-check processes. Evaluating a law firm’s financial statements is a crucial task, but an even greater insight into a firm’s health can be extracted through a comprehensive analysis of its conflict check reports. The…
In a recent case, the PTAB (Patent Trial and Appeal Board) turned down the application of Section 325(d) and proceeded to institute an inter partes review, despite the patent owner claiming that the application substantially relied on the same prior art the Office had already evaluated. This incident stems from the controversial case, Geotab USA,…
Recent events have spotlighted a growing concern in the international business and legal sectors related to intellectual property rights and patent filing procedures. A specific highly-publicized case revolves around a company named Zotz, which designs and manufactures toys for children. As described in a recent article on JD Supra, Zotz decided to expand its operations…
In the recent legal proceedings concerning Vanda Pharmaceuticals Inc. and Teva Pharmaceuticals USA Inc. a critical case on Tasimelteon, commonly known under the brand name Hetlioz®, has occurred. The details of the case can be examined under the name Vanda Pharms. Inc. v. Teva Pharms. USA, Inc., No. 2023-1247, 2023 WL 3335538 (Fed. Cir. May…
Groombridge, Wu, Baughman & Stone, a U.S. patent litigation boutique firm, has announced the opening of its inaugural international office in Tokyo. The firm, which was founded last year by four previous Paul, Weiss partners, made the strategic move by bringing on board partner Maxwell Fox from McDermott, Will & Emery. This addition to their…
As legal professionals, we are continuously navigating the evolving landscape of patent laws. Key players in this realm may well be closely following the implications of the Leahy-Smith America Invents Act (AIA) since its inception in 2011. Created to foster innovation and spearhead patent reforms, the AIA introduced the inter partes review (IPR) procedure, an…
On August 30, the United States Patent and Trademark Office (USPTO) initiated a new procedure for reviewing domicile addresses for trademark applicants. This newest guideline is a strategic move targeted at combating the ever-increasing cases of fraud and attempted fraud orchestrated against the USPTO and the US business community. The updated procedures provide a new…
The September 2023 PTAB Review begins with an analysis of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Legal professionals working at corporations and law firms may find this analysis of particular relevance, as the enforcement and interpretation of these sanctions have noticeable implications on the daily proceedings of the…
As a stalwart in the tech industry, Microsoft has embarked on a strategy to tackle copyright-infringement risks to foster the adoption of its generative AI tool. The company pledged last Thursday to guard its commercial customers against infringement lawsuits. In addition, the tech giant has assured its clientele that it will shoulder any ensuing costs…
In a recent legal update, the Broad Institute, jointly with Harvard University and MIT, (referred to as “Broad”) handed in their reply brief relating to the cross-appeal of Interference No. 106,115. This marks another chapter in the ongoing legal framework surrounding CRISPR-mediated gene editing patent rights, with Broad contesting a decision from the Patent Trial…
In a rapidly digitizing world, the intersection of artificial intelligence and patent law is increasingly crucial. Recognizing this, Partners Martin Zoltick (“Marty”) and Brian Rosenbloom will be sharing their insights and experiences in a masterclass, titled “Practical Masterclass in Patenting AI at the EPO and USPTO“. The webinar is co-organized in conjunction with Haseltine Lake…
In a recent ruling, the U.S. Court of Appeals for the Federal Circuit has placed the burden on patent owners to disclaim patent terms, or otherwise risk facing allegations of double-patenting. The ruling came on August 28, 2023, in the case of In re Cellect, Appeal No. 2022-1293. The Court evaluated for the first time…
The UK legal scene has seen some significant activity over the past week, as several high-stakes litigations have made headlines. Notably, Axiom has taken its former boss to court, accusing him of misappropriating funds. These allegations, if substantiated, could have serious implications for the involved parties. Law360 provides more details. In litigation related to the…