In February, the Federal Circuit made a decision to not alter or overrule its tried-and-true test for assessing the obviousness in design patents, popularly known as the Rosen-Durling test. This decision was made despite the contention that the Supreme Court had previously overruled it in KSR v. Teleflex. This has been a subject of ongoing…
Adding to the ever-growing list of Intellectual Property disputes, a recent judgement by a California federal judge has imposed a penalty of $2.2 million on a Chinese company engaged in the trade of shopping carts via Amazon and Walmart. The company stands not only accused but also found guilty of patent violation, and the severity…
The United States Ninth Circuit Court of Appeals has revived a lawsuit under the False Claims Act (FCA), that accuses Valeant Pharmaceuticals of fraudulently acquiring a patent to prolong the monopoly over its drug Apriso. The suit had initially been dismissed because of the rule known as the ‘public disclosure bar’ – a federal rule…
In a recent patent lawsuit involving technology giant Apple and its South Korean competitor Samsung, Western District of Texas Judge Alan Albright demonstrated a contrasting decision in the courtroom. Significant to the legal professionals and corporations worldwide, this occurrence casts useful insights into the current justice system’s decision-making process with respect to patent suits. Apple…
Lordstown Motors, the bankrupt electric automaker, revealed to a Delaware judge that it had received expressions of interest from 13 potential bidders as part of its Chapter 11 sale process. Despite a forthcoming trial over trade secret claims, which has undoubtedly caused estrangement amongst some potential suitors, the judge approved the majority of Lordstown’s proposed…
Apple Inc. recently approached the Trademark Trial and Appeal Board with a plea to revise its attempt to register the “Apple Music” mark. This followed a loss suffered by the technology giant at the Federal Circuit. Notably, the request includes the removal of a section concerning live performances. The particular case at the Federal Circuit…
Welcome, esteemed legal professionals, to the 20th issue review of the so-called ‘Blockbuster Biologics’. As per usual, we take a deep dive into the most recent happenings in the world of biologics and biosimilars, with a particular focus on patent litigation and post-grant challenges. In the wake of the Biologics Price Competition and Innovation Act…
The patent infringement case against biotechnology firm Pacific Biosciences of California Inc. has been moved from a Delaware federal court to California. According to the judgement, there were insufficient reasons to support maintaining the case proceedings in Delaware. Pacific Biosciences of California Inc., commonly known as PacBio, is a biotechnology company that’s profusely involved in…
The recent ruling by the U.S. Court of Appeals for the Federal Circuit in the case of HIP v. Hormel has laid down substantial insights into the domain of joint inventorship. In its decision, the court found that David Howard of HIP was not considered as a joint inventor of a Hormel patent. This case…
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…