Year: 2020
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By Kevin E. Noonan — It seems that memes can be as compelling in the law as in social media, and the meme of the moment in patent law is inherency, particularly as applied to obviousness determinations (see, for example, Persion Pharmaceuticals LLC v. Alvogen Malta Operations Ltd.; Acorda Therapeutics, Inc. v. Roxane Labs., Inc.). …
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By Kevin E. Noonan — The Supreme Court today entered orders denying certiorari in all five cases having petitions on subject matter eligibility, including Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC; Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc., and Berkheimer v. HP Inc. It can only be concluded that the Court is comfortable with…
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By Donald Zuhn –- Last month, in Becon Medical, Ltd. v. Bartlett, Senior District Judge Jan E. Dubois of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to stay filed by Defendants Scott P. Bartlett, M.D. and TalexMedical, LLC ("TalexMedical"). In denying TalexMedical's motion, the District Court concluded that all…
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The Intellectual Property Law Association of Chicago (IPLAC) Young Members' Committee will be presenting a program entitled "Pot Topic: IP Issues for the New Recreational Weed Industry in Illinois" on January 22, 2020 from 5:30 to 9:00 pm (CT) at the Chicago-Kent College of Law Auditorium and Lobby in Chicago, IL. Nicole Cosby of Fyllo,…
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The Federal Circuit Bar Association (FCBA) will be offering a webcast entitled "Patent Law Year in Review 2019" on January 16, 2020 from 12:00 pm to 1:00 pm (EST). A panel consisting of Susan Tull of Finnegan, Henderson, Farbow, Garrett & Dunner, LLP; Jill Schmidt of Genentech, Inc.; Sharonmoyee Goswami of Cravath, Swaine & Moore…
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Foley & Lardner will be offering a webinar entitled "PTAB Year in Review" on January 23, 2020 from 1:00 to 2:00 pm (CT). Jeanne Gillis, Stephen Maebius, and George Quillin of Foley & Lardner LLP will discuss the year's major developments and how they may impact practice before the PTAB going forward, and address the…
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By Kevin E. Noonan — On January 6, 2020, a bi-partisan coalition of Senators, including Senator Collins (R-ME), Doug Jones (D-AL), Martha McSally (R-AZ), and Bob Menendez (D-NJ), introduced the "Ending the Diagnostic Odyssey Act of 2019" to permit states to use Medicaid funding for whole genome sequencing (WGS) analysis in children having certain rate…
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By Kevin E. Noonan — Transitional terms in patent law (conventionally, "comprising," "consisting of," and the more arcane "consisting essentially of") have their own provenance and meaning, denoting limitations that are "open" (comprising) or "closed" (consisting). But how should a court construe instances where these terms seem to be at odds with one another? The…
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By Michael Borella — In August, the U.S. Patent and Trademark Office announced that it planned on raising various fees. One of those involved an additional $400 fee for non-provisional utility application filings with a PDF specification. This fee would be avoidable if the specification was filed in DOCX format. The USPTO's electronic filing system…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories. For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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