Businesses rely heavily on intellectual property (IP) to safeguard their competitive advantages. As these companies grow and evolve, the question of whether it is more beneficial to patent their technology or keep things behind the scenes as trade secrets often arises. Conventional wisdom holds that these two strategies can exist only at opposites ends of…
In a recent development that could reshape legal precedents, USPTO Director Kathi Vidal vacated a PTAB decision on August 24, 2023. The case under scrutiny was Keysight Technologies, Inc. v. Centripetal Networks, Inc. The matter was then remanded for further proceedings. This case which is currently attracting the attention of legal experts across the globe…
In a recent decision reached by the US Patent and Trademark Office’s (USPTO’S) Trademark Trial and Appeal Board, it was established that the application of the “doctrine of foreign equivalents” to trademarks is not an absolute rule. This could set a significant precedent for corporations nationwide dealing with patent and trademark issues. Specific cases involving…
In the world of pharmaceutical law, new cases with intriguing developments and possible generational ramifications pop up quite frequently. One such instance is the ongoing Purdue Pharma L.P. v. Accord Healthcare Inc., a case that draws attention to the highly sensitive matter of patents related to OxyContin® (oxycodone HCl). Here is a closer look at…
In a recent ruling, United States District Judge J. Paul Oetken denied a motion by the multinational corporation Nike, Inc. (Nike) to disqualify counsel on behalf of their defendant, Lululemon USA Inc. (Lululemon). The ruling was on May 1, 2023, and pertains to an action concerning patents linked to Nike’s Flyknit shoe technology. Nike, a…
In a recent ruling in the case of American National Manufacturing Inc. v. Sleep Number Corporation, the Federal Circuit held that a proposed claim amendment is allowed so long as it does not enlarge the scope of the claims, introduce new matters, and is responsive to a ground of unpatentability. This ruling allows that a…
In an interesting legal development, U.S. District Judge Thomas S. Ellis III recently denied a motion to strike new evidence from a reply brief; notably, he further granted a motion to transfer venue of the related patent suit from the Eastern District of Virginia (EDVA) to California. This specific case, Monarch Networking Solutions LLC v….
In an examination of personal endurance and professional dedication in the field of life sciences, we bring you the story of Carole Spangler Vaughn. As an alumna of Project W, Vaughn’s impressive career has been dedicated to crafting solutions for disease prevention and treatments in this industry. Her endeavors suddenly became a personal matter when…
In a turn of events that underscores the intricate complexities of patent law, a patentee’s own clinical trial has led to the rendering of several patent claims as unpatentable, due to the trial being classified as “prior art”. This development comes as part of a final written decision in an inter partes review proceeding. The…
The recent LF Dealmakers forum, a major event for litigation finance professionals, provided some valuable takeaways for IP lawyers and their clients, further cementing litigation funding’s relevance in today’s IP litigation field. The forum tackled important subjects and opened discussions on an array of topics crucial to IP practitioners. The significance of the rapidly growing…
In a notable turn of events, Sisvel International S.A v Sierra Wireless, Inc., appeal case numbers 2022-1493 and 2022-1547 made headlines in October 2023. The case was brought before the Federal Circuit Court on October 6. Complexities around patents, particularly those claiming a method for performing a specific function using a general-purpose computer, lie at…
Renowned intellectual property attorney Betty Chen has recently become a partner at Desmarais in San Francisco, as announced by the firm on Tuesday. Chen’s area of expertise lies in intellectual property diligence and negotiations involving technology in the critically important standard essential patents space and licensing in the branded pharmaceutical sector. Chen has an impressive…
In an interesting turn of events, Judge Jessica Clarke, of the U.S. District Court for the Southern District of New York, made a significant legal move on September 25, 2023. She granted the third party Compound Lab, Inc., commonly known as “Compound Labs”, the allowance to intervene in a patent infringement action. The patent infringement…
The Patent Trial and Appeal Board (“PTAB”) has recently made public a revised PTAB Oral Hearing Guide (August 2023), incorporating updates to the preceding guidance on hearings. The modifications featured in the revised guide touch upon several key aspects: Remote participation in PTAB Proceedings; Public requests to view PTAB Hearings; Submitting demonstratives for ex parte…
In a recent development, USPTO has published a Notice of Proposed Rulemaking (NPR), releasing new regulations that cover pre-issuance internal circulation as well as the review of decisions within the PTAB. This significant move was cataloged in the Federal Register under 88 Fed. Reg. 69578-69583, issued on October 6, 2023. Kilpatrick Townsend & Stockton LLP…
In a meaningful development for companies and law firms dealing with intellectual property rights, The Patent Trial and Appeal Board has ruled that the service of a complaint without accompanying exhibits does not activate the one-year time limit mandated under 35 U.S.C. § 315(b). This statute necessitates the filing of a petition for inter partes…
The Federal Circuit Court’s recent judgment in SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 explores some critical aspects of the Leahy-Smith America Invests Act (AIA). The case specifically addresses the question of whether patents with a filing date after March 16, 2013, also known as pure AIA patents, can be included in interference proceedings…
In the recent legal discourse centered on patent laws, the case of Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) stands out as a noteworthy instance. This particular case delves into the exploration of whether patents related to methods and systems for connecting users…
In a recent development, the Federal Trade Commission (FTC) has issued a policy statement that clarifies its stance on a long-standing concern in the pharmaceutical industry – the improper listing of patents in the Orange Book. The FTC has now confirmed that such mislisting may indeed be considered a violation of the FTC Act. Here…
In the landscape of the ever-evolving patent law, cel has become a significant consideration over the past decade. Supreme Court decisions have led to what can only be described as unprecedented uncertainty in patent law. The Federal Circuit, meanwhile, has been largely relegated to expressing dissatisfaction over the situation but claiming their hands are tied,…
In a recent development in the realm of patent law, Bristol-Myers Squibb Co. and Xspray Pharma AB are involved in a legal battle concerning the technology behind Sprycel®/Dasynoc® (dasatinib). The case, identified as Bristol-Myers Squibb Co. v. Xspray Pharma AB, No. CV 22-964 (RMB/MJS), 2023 WL 3354261 (D.N.J. Apr. 25, 2023) (Bumb, J.), pertains to…
In a recent conversation with the legal news outlet Above the Law, Judge Pauline Newman discusses various issues she has faced in her judicial career, including current fitness complaints against her and her ongoing efforts to continue her work. At 95, Judge Newman is an active figure on the U.S. Court of Appeals for the…
Recently, a California-based personal injury law firm, which holds the trademark registration for 1-800-LUCHADOR, initiated a lawsuit against a competitor. The firm alleges that the competitor is using ‘luchador’ as a part of its own name, an apparent infringement on the aforementioned trademark. This development unfolds despite the U.S. Patent and Trademark Office’s rejection of…
In a significant development within the field of Intellectual Property, the US Court of Appeals for the Federal Circuit has invalidated another series of antibody genus claims. The case was described as being “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v. Sanofi. The Federal Circuit concluded that…
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…