In a significant turn of events, the Federal Circuit recently upheld a decision from the United States Patent and Trademark Office (PTO) to invalidate four interconnected patents on obviousness-type double patenting grounds (OTDP). This decision is noteworthy on the premise that all analyses of OTDP for patents, which were awarded a patent term adjustment (PTA)…
It has been previously reported this year that the Canadian Patent Office is set to scale up its official fees by as much as 36%, with changes taking effect from January 1, 2024. This impending increase has naturally led to patentees and applicants exploring cost-saving measures, with one open option being paying for impending Patent…
In a recent ruling that may have substantial implications for the artificial intelligence (AI) industry, the Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company. The striking down of these patents was facilitated by the application of the two-step Alice test. The detailed discussion of this decision can be heard…
In a noteworthy development from late August 2023, The Patent Trial and Appeal Board (PTAB) has issued final verdicts related to IPR2022-00578 and IPR2022-00579, the patent interference cases filed by Celltrion against two tocilizumab-related patents. The patents in question – U.S. Patent Nos. 8,580,264 and 10,874,677 – are owned by Chugai Seiyaku Kabushiki Kaisa, Genentech,…
Throughout August 2023, the Office of Information and Regulatory Affairs, Office of Management and Budget, Executive Office of the President, also known as “OIRA”, has engaged in a flurry of stakeholder meetings. The discussion of these meetings revolves around a proposed rule with the potential to significantly reshape FDA’s regulations. If implemented, the rule would…
On July 17, 2023, a report from JD Supra shed light on a recent development in patent infringement law, providing valuable insight for legal professionals specializing in intellectual property disputes. It seems the Patent Trial and Appeals Board (“PTAB”) exercised its discretionary powers under 35 U.S.C. § 314(a) to deny the initiation of an inter…
In a significant procedural shift, it was reported that on July 24, 2023, the United States Patent and Trademark Office (PTO) altered their procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board (PTAB). The decisions impacted are those of the PTAB to deny or grant petitions to institute…
Recent developments in trademark law have highlighted the challenges associated with translating creative works into other languages and the legal implications this brings. In particular, a precedential opinion by the US Patent and Trademark Office’s Trademark Trial and Appeal Board emphasized the intricate nature of intellectual property rights and their limitations. The case, which involved…
In a recent development in patent law, the Federal Circuit is currently reviewing the Amgen Inc. V. Sandoz Inc, No. 2022-1147 case. The case pertains to matters related to patent obviousness and priority date. As a backstory, Amgen, a large biopharmaceutical company, produces and markets a medication known as apremilast for treating specific types of…
The case of In re Cellect (Fed. Cir. 2023) may raise some eyebrows among legal professionals. A recent decision by the Federal Circuit has delved into an issue that has been left open for quite some time. This involves the judicially created doctrine of obviousness-type double patenting (ODP). The court has now shed light on…
In an intriguing turn of events, the US Court of Appeals for the Federal Circuit has made the decision to vacate and remand a Patent Trial & Appeal Board ruling that rendered a patent invalid. This move has been taken on the grounds of assessing nexus and weight, as reported by legal news outlet JD…
In a recent development that suggests increasing buy-in into sustainability efforts, climate-tech firm Aeroseal managed to secure $67 million in its Series B funding round. Given the magnitude of challenges associated with climate change, this investment marks a significant stride in reaffirming the substantial role that private enterprises can play in reducing carbon emissions. Mintz…
In a recent judicial development, the US Court of Appeals for the Federal Circuit has validated the Patent Trial & Appeal Board’s (PTAB) decision to invalidate two patents, signifying essential repercussions in the world of patent law. The ruling imparts that no disparagement does not amount to a “teaching away”, and free samples cannot testify…
Over the past decade, the landscape for recreational cannabis has seen a stark transformation, with many states opting for decriminalization or outright legalization. As these changes have unfolded, however, cannabis businesses find themselves continuing to grapple with protecting their brands. The root of the problem? Federal trademark protection remains elusive for those in the cannabis…
In the week ending August 25, 2023, several key rulings reshaped the landscape of patent litigation. One case particularly stands out: Volvo Penta of the Americas, LLC v. Brunswick Corp., No. 2022-1765 (Fed. Cir. (PTAB) Aug. 24, 2023). The court’s decision addressed a critical issue facing many industries: the challenge of patent claims before the…
In the realm of intellectual property law, an emerging matter of contention is the nature of Terminal Disclaimers and their potential misuse as an ‘escape hatch’. Terminal Disclaimers, while playing a crucial role in the legal treatment of overlapping patents, are not designed to serve as convenient loopholes in patent law. This issue recently came…
In a recent precedent-setting decision that is already prompting discussion among legal professionals, the U.S. Court of Appeals for the Federal Circuit addressed a longstanding query related to Obvious-Type Double Patenting (ODP) and Patent Term Adjustment (PTA). The Court’s ruling in In re Cellect (No. 22-1293) was promulgated on August 28, 2023. Historically, the relationship…
In a recent decision by the Federal Circuit, the long-standing practice of adapting terms for patents may be at risk of drastic changes. Specifically, under the doctrine of obviousness-type double patenting (ODP), term-adjusted patents can now be invalidated by earlier-expiring patents in the same patent family. The significant case under discussion is In re Cellect….
The United States Patent and Trademark Office (USPTO) has issued a caution to trademark applicants against ‘spoofed’ calls that impersonate the Office. These calls are a technique employed by phone scammers who are aiming to fool the call recipients into disclosing personal identifying or payment information. The scammers impersonate employees of the USPTO in an…
In a recent development in the world of patent law, the Wisconsin-based company, Kohler Co., is vigorously asserting design patent infringement claims over one of its many fixtures. The defendants in the case, Sweethome, an importer operating under the business name Sweethome247.com, has been accused of making profits off Kohler’s designs. As reported by Womble…
In relation to recent requirements that the United States Patent and Trademark Office (USPTO) collect domicile information of all trademark applicants, some clarifications have been made. As required by the Lanham Act, this collection of domicile information is substantial evidence necessary to establish the applicant as a real person or corporation domiciled in the United…
On August 22, 2023, the Federal Circuit made an affirmative decision in an inter partes review (IPR) Final Written Decision, classifying claims to deuterated derivatives of a drug named ruxolitinib as unpatentable due to their obvious nature. The ruling diminished the patentee’s argument that an individual with adequate skills in the field would not have…
As one of the largest consumer markets of pharmaceuticals, China has been increasingly recognized for its notable role in the layout of pharmaceutical patents. Considerable attention has been paid to inventions such as medical use, drug crystalline form and the like, which play a significant part in prolonging the patent protection of the original drug….
In legal news, one of the latest Federal Court cases, “Volvo Penta of the Americas, LLC v. Brunswick Corp., Appeal No. 2022-1765 (Fed. Cir. Aug. 24, 2023)” has made headlines for the unusual decision by the Federal Circuit. In this case, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) erred in…
In August 2023, key decisions were made on a number of patent cases that hold implications for legal professionals in the field of intellectual property, particularly those involved with pharmaceutical and therapeutic patents. One case of note is Incept LLC v. Palette Life Sciences, Inc., (Nos. 2021-2063, -2065 (Fed. Cir. (PTAB) Aug. 16, 2023) The…