Year: 2020
-
By Michael Borella — The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed — or at least put on hold. In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom Tillis (at right), Chair of the Senate's Subcommittee on Intellectual Property, indicated…
-
By Bryan Helwig — About Life Sciences Court Report: We will periodically report on recently filed biotech and pharma litigation. Amgen Inc. v. Zydus Pharmaceuticals (USA) Inc.1-20-cv-00075; filed January 17, 2020 in the District Court of Delaware • Plaintiffs: Amgen Inc. and Les Laboratoires Servier• Defendants: Cadila Healthcare Ltd. d/b/a Zydus Cadila and…
-
By Kevin E. Noonan — One of the briefs filed on January 9th in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") was the Broad's Opposition to CVC's…
-
By Kevin E. Noonan — January 9th was a busy day at the Patent Trial and Appeal Board (PTAB). On that day no fewer than five substantive briefs were filed in Interference No. 106,115, two by Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad"), and three by Junior…
-
By Kevin E. Noonan — Last January 17th, the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, which named as Proprietors The Broad Institute, MIT, and Harvard College and had been opposed by Novozymes A/S, CRISPR Therapeutics GG, and several strawmen). Almost one year later to…
-
By Michael Borella — With the eligibility rubric of Alice v. CLS Bank, an applicant/patentee must navigate a minefield of pre-issuance and post-issuance validity challenges under 35 U.S.C. § 101 in order to obtain and enforce a patent. First, through clever drafting, the applicant must convince a U.S. Patent and Trademark Office (USPTO) examiner to…
-
By Kevin E. Noonan — On January 15th, the U.S. and China announced bilateral approval of an agreement resolving some of the trade disputes between the two countries that have developed (or become more evident) over the past three years. One of the most consistent (if sometimes incoherently expressed) policy positions taken by the Trump…
-
January 28, 2020 – Biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting (U.S. Patent and Trademark Office) – Alexandria, VA January 28, 2020 – "Obtaining Patent Protection for Polymorphs of Drug Compounds" (J A Kemp) – 3:30 to 4:30 pm (GMT) January 30, 2020 – "American Axle: Does Patent Subject Matter Eligibility Depend on Enablement?" (Fitch Even) –…
-
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Patent Eligibility and Section 101 Update" on February 18, 2020 from 10:00 am to 11:15 am (CT). In this presentation, MBHB attorney and Patent Docs author Michael Borella will provide an update on all fronts, and synthesize disparate threads into a cohesive…
-
Practising Law Institute (PLI) will be offering a one-hour webcast on "Leveraging Active Voice in Patent Claims" on February 4, 2020 beginning at 1:00 pm (EST). Jason M. Perilla of Thomas | Horstemeyer, LLP will introduce and explore the use of active voice in drafting patent claims and discuss: • How to organize and prioritize…
Patent Docs 