Patent Law Weblog
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- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: August 2012
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Technology Transfer Tactics will be offering a webinar entitled "New Post Grant Proceeding Rules: Adjusting to the New Reality" on September 19, 2012 from 1:00 – 2:15 pm (Eastern). Randi Isaacs, In-House Patent Counsel for Emory University's Office of Technology Transfer, and Charles R. Macedo of Amster, Rothstein and Ebenstein, LLP will dissect the new…
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As part of an ongoing forum to bring researchers from universities and companies together to exchange ideas, discuss challenges, and explore potential collaborations to promote commercialization, Catalyzing Collaboration Between Industry and Academia in the Life Sciences will be offering a forum entitled "Focus on Biologics and Biosimilars" on September 28, 2012 from 8:00 am to…
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By Kevin E. Noonan — As we reported earlier today, the Federal Circuit, in a decision that substantially reiterates its prior opinion, determined in Association for Molecular Pathology v. U.S. Patent and Trademark Office that, the Supreme Court's decision in Mayo v. Prometheus notwithstanding, claims to isolated human DNA satisfy the requirements of 35 U.S.C.…
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In a decision that substantially reiterates its prior opinion, the Federal Circuit decided today in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case) that, the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. notwithstanding, claims to isolated human DNA satisfy the requirements of 35 U.S.C. 101: On…
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By Donald Zuhn — On Tuesday, the U.S. Patent and Trademark Office published six notices in the Federal Register providing five final rules packages for implementing various provisions of the Leahy-Smith America Invents Act and a practice guide for proceedings before the Patent Trial and Appeal Board. With the publication of the six notices, the…
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By Kevin E. Noonan — The Federal Circuit decided the In re Beineke case recently, affirming a decision by the USPTO's Board of Patent Appeals and Interferences that applicant Walter Beineke was not entitled to a patent for two strains of white oak trees under the Plant Patent Act of 1930 (as last amended in…
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By Kevin E. Noonan — Judge Rader wrote a vigorous dissent to the panel majority's opinion in Momenta v. Amphastar, disagreeing with the panel majority's interpretation that the "safe harbor" embodied in 35 U.S.C. § 271(e)(1) extended to post-approval activities. Before considering the substance of his dissenting opinion, the following facts should be remembered: •…
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"This is not how patent law works." By Andrew Williams — Writing for the majority in Alcon Research, Ltd. v. Apotex Inc. last Wednesday, Judge Moore took issue with a position advanced by Alcon's counsel that would have essentially allowed a court to rewrite patent claims to preserve validity. Because of that, in part, the…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cumberland Pharmaceuticals Inc. v. Perrigo Co.1:12-cv-06327; filed August 9, 2012 in the Northern District of Illinois Infringement of U.S. Patent No. 8,148,356 ("Acetylcysteine Composition and Uses Therefor," issued April 3, 2012) following a Paragraph IV…
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August 16, 2012 – Challenging a Patent Application: Preissuance Submissions to the USPTO (Intellectual Property Owners Association) – 2:00 – 3:00 pm (ET) August 21, 2012 – Mayo v. Prometheus: The Supreme Court's New Methodology for Analyzing Patent Eligibility (American Bar Association) – 1:00 – 2:30 pm (EDT) August 24, 2012 – The America Invents…
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