Patent Law Weblog
recent posts
- USPTO Moves to Protect Design Rights for Digital Innovations
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
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Month: September 2019
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By Donald Zuhn — On Monday, in Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia affirming a determination by the U.S. Patent and Trademark Office regarding the Patent Term Adjustment for U.S. Patent No. 8,981,063. In affirming…
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By Kevin E. Noonan — Not unexpectedly, the State of Minnesota, as sovereign of the Regents of the University of Minnesota, filed on Thursday its petition to Supreme Court for certiorari. The State contends that the Federal Circuit erred in deciding that the university, as an "arm of the state," could not assert sovereign immunity…
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September 17, 2019 – "Best Practices for Patenting Chemical and Material Compositions" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) September 17, 2019 – "A Primer on the Laws of Cannabis, Marijuana and CBD" (Loeb & Loeb LLP) – 1:00 to 2:00 pm (ET) September 19, 2019 – "Trending Issues…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Federal Circuit v. USPTO: Chevron Deference?" on September 19, 2019 from 2:00 to 3:00 pm (ET). Gregory Castanias of Jones Day; Hon. Randall Rader, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit; and John Whealan, Dean for Intellectual…
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By Donald Zuhn — In a notice published in the Federal Register (84 Fed. Reg. 45907) last week, the U.S. Patent and Trademark Office issued an interim rule in which it increased the limit on the number of prioritized (Track I) examination requests that may be accepted in a fiscal year from 10,000 to 12,000. …
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By Kevin E. Noonan — In their Order of August 26th, the Patent Trial and Appeal Board authorized the University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier, Junior Party (abbreviated "CVC") to file a miscellaneous motion that its Priority Statement be filed under seal. The Board set an expedited schedule to be filed September…
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By Kevin E. Noonan — It would be understandable to have the impression that Congress is considering patent eligibility reform as the major (or even sole) patent-related legislation this session (see "Biotech Prospects for Patent Reform"; "What We Learned at Patent Reform Hearings"; "Senators Tillis and Coons Release Statement on Recent Patent Reform Hearings"; "Senate…
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By Kevin E. Noonan — Late last month, the Federal Circuit affirmed a District Court grant of a preliminary injunction based on claim construction involving the effect of two "wherein" clauses in Allergan Sales, LLC v. Sandoz, Inc. The litigation involved Allegan's U.S. Patent Nos. 9,770,453, 9,907,801, and 9,907,802, which are directed to the ophthalmic…
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September 9, 2019 – "The Evolving Patent Eligibility of Life Sciences Method Claims" (Practising Law Institute) – 11:00 am to noon (EDT) September 12, 2019 – "Inherency In Anticipation and Obviousness" (Intellectual Property Owners Association) – 2:00 to 3:00 pm (ET) September 17, 2019 – "Best Practices for Patenting Chemical and Material Compositions" (McDonnell Boehnen…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Inherency In Anticipation and Obviousness" on September 12, 2019 from 2:00 to 3:00 pm (ET). Mark Feldstein of Finnegan, Paul Steadman of DLA Piper, and Robert Greene Sterne of Sterne Kessler Goldstein & Fox will address how to avoid pitfalls in district court litigation and…
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