Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
about
Month: December 2015
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By Joseph Herndon — On December 1, 2015, the International Trade Commission (ITC) rendered an opinion In the Matter of Certain Vision-Based Driver Assistance System Cameras, Components Thereof, and Products Containing the Same, investigation no. 337-TA-907. The Opinion covered ten separate questions; however, only two are discussed here. Those two questions cover aspects of interpretation…
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December 17, 2015 – "Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions" (Strafford) – 1:00 to 2:30 pm (EST) January 6, 2016 – "Preparing for and Navigating PTAB Appeals Before the Federal Circuit — Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Top Patent Law Stories of 2015" on January 21, 2016 from 10:00 am to 11:15 am (CT). For the past eight years, the Patent Docs weblog has presented an annual, end-of-the-year review of the top stories in patent law. In this presentation, Patent Docs co-authors…
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The American Intellectual Property Law Association (AIPLA) will be offering a webinar entitled "STRANGLEHOLD! Written Description and Functional Claiming in the Chemical and Biotech Arts" on January 7, 2016 from 12:30 – 2:00 pm (Eastern). Carla Mouta of Finnegan Henderson Farabow Garrett & Dunner, LLP will moderate a panel consisting of Kenneth Jenkins of Mintz…
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Strafford will be offering a webinar/teleconference entitled "Preparing for and Navigating PTAB Appeals Before the Federal Circuit — Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice and Federal Circuit Law" on January 6, 2016 from 1:00 to 2:30 pm (EST). Erika H. Arner and Michael J. Flibbert of Finnegan…
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District Court Adopts Magistrate's Conclusion of Invalidity under § 101 and Grants Defendants' Motion to Dismiss Counts By Donald Zuhn — Last month, in Endo Pharmaceuticals Inc. v. Actavis Inc., Judge Richard G. Andrews of the U.S. District Court for the District of Delaware adopted Magistrate Judge Mary Pat Thynge's conclusion that U.S. Patent No.…
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Prolitec Inc. v. Scentair Technologies, Inc. (Fed. Cir. 2015) By Andrew Williams — In another unsurprising turn, the Federal Circuit affirmed the motion-to-amend practice adopted by the PTAB in IPR proceedings. The majority opinion in Prolitec Inc. v. Scentair Technologies, Inc., authored by Chief Judge Prost, concluded (among other things) that the Board's approach of…
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By Donald Zuhn — Last month, in Ariosa Diagnostics v. Verinata Health, Inc., the Federal Circuit vacated the decisions of the Patent Trial and Appeal Board concluding that Appellant Ariosa Diagnostics had not met its burden of proving that claims 1–30 of U.S. Patent No. 8,318,430 would have been obvious and remanded for for further…
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By Donald Zuhn — In an article published earlier this fall on Medium, Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood urges Congress to modify the inter partes review (IPR) system, which he argues has "turn[ed] the serious business of medical innovation and entrepreneurial risk-taking into a casino." Noting that IPRs were designed by…
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December 10, 2015 – "Optimal Use of Provisional Patent Applications: Best Practices and Pitfalls to Avoid" (Technology Transfer Tactics) – 1:00 to 2:00 pm (Eastern) December 10, 2015 – "Patent Litigation and Motions to Stay in Light of IPRs, PRGs and CBMs — Leveraging Stays, Understanding Court Treatment, Navigating the Interface of Hatch-Waxman Litigation" (Strafford)…
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