Patent Law Weblog
Year: 2020
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By Kevin E. Noonan — Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from invalidation under the Supreme Court's imperfectly applied Alice Corp. v. CLS Bank Int'l (2014) test. The…
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The UIC John Marshall Law School is holding an online conference entitled "IP, Technology & Social Justice in the Age of Coronavirus" on September 11, 2020. The conference is being organized by the Center for Intellectual Property, Information & Privacy Law at UIC John Marshall Law School and the Institute for Intellectual Property & Social…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "CRISPR Ownership Disputes: Current Status and Future Prospects" on August 18, 2020 from 10:00 am to 11:15 am (CT). In this presentation, Patent Docs author and MBHB attorney Kevin E. Noonan will consider the following details about the technology and the patent…
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By Michael Borella and Ashley Hatzenbihler* — Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the Alice v. CLS Bank decision six years ago, the distinction between what might be subject matter that can be patented and what is not has been blurry at best. Famously,…
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By Kevin E. Noonan — One of the signal public health achievements/victories of the 20th Century is the eradication of smallpox (variola virus, VARV) announced by the World Health Organization (WHO) in 1980; it has been estimated that smallpox infection killed 300-500 million people in the 20th Century alone. (A compelling example of the effects…
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By Donald Zuhn — Last month, the U.S. Patent and Trademark Office published a final rule in the Federal Register (85 Fed. Reg. 36335), in which the Office set forth revisions to the rules of practice concerning Patent Term Adjustment (PTA) in view of the Federal Circuit's decision in Supernus Pharm., Inc. v. Iancu. The…
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By Kevin E. Noonan — In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of patents licensed from the University of Texas (UT), when UT refused to join as a necessary party…
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By James L. Lovsin — Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality as well as the Board's authority. Judge O'Malley filed a dissenting opinion—nearly…
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August 5-6, 2020 – Advanced Summit on Life Sciences Patents Conference (American Conference Institute) August 18, 2020 – "CRISPR Ownership Disputes: Current Status and Future Prospects" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) September 11, 2020 – IP, Technology & Social Justice in the Age of Coronavirus (Center for…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Secondary Considerations: Latest Guideposts" on July 30, 2020 from 12:00 pm to 1:00 pm (ET). Paul Ainsworth of Sterne Kessler Goldstein & Fox; Jennifer Huang of Fish & Richardson, PC; and Stephen Yoder of IBM Corp. will review and analyze the latest judicial…
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