Patent Law Weblog
Year: 2020
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By Kevin E. Noonan — The Federal Circuit recently applied well-established principles of obviousness in affirming the Patent Trial and Appeals Board's invalidation of several patents related to antifungal formulations in Anacor Pharmaceuticals, Inc. v. Flatwing Pharmaceuticals, LLC. The subject matter of the claimed invention was a topical formulation of 1,3-dihydro-5-fluoro-1-hydroxy-2,1-benzoxaborole (known as tavaborole): and…
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By Kevin E. Noonan — One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding circumstances expected to arise in future. This is an understandable inclination, because such terms are likely to depend on…
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By Kevin E. Noonan — The Federal Circuit recently vacated a District Court decision by Federal Circuit Judge Dyk, sitting by designation, based on erroneous claim construction in Baxalta Inc. v. Genentech, Inc. The case arose over Genentech's Hemlibra® (emicizumb-kxwh) product, which Baxalta alleged infringed its U.S. Patent No. 7,033,590. Baxalta asserted claims 1, 4,…
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September 1, 2020 – IPWatchdog Virtual CON2020 – Keynote: Andrei Iancu, Under Secretary of Commerce for Intellectual Property & Director of the USPTO (IPWatchdog) – 12:05 pm (ET) September 1, 2020 – IPWatchdog Virtual CON2020 – Litigating Patents in Texas: Trends, Best Practices and Differences Between Districts – 12:45 pm (ET) September 1, 2020 –…
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IPWatchdog will be holding its Virtual CON2020 program from September 1 to September 30, 2020. Among the patent-related online presentations being offered during the Virtual CON2020 program are: September 1 • Keynote: Andrei Iancu, Under Secretary of Commerce for Intellectual Property & Director of the USPTO – 12:05 pm ET• Litigating Patents in Texas: Trends,…
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By Kevin E. Noonan — Despite the challenges of addressing a previously unknown virus, development of an effective vaccine, soon, is a distinct possibility (see "Multiple Candidate Coronavirus Vaccines Being Developed According to WHO"). But as set forth in an article in Nature on Monday ("The unequal scramble for coronavirus vaccines — by the numbers")…
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By Kevin E. Noonan — In the face of the economic and social consequences of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) pandemic (COVID-19) and the difficulties attendant in behavioral modifications that could slow progress of the disease (quarantine, lock-down, social distancing, frequent hand washing, and the use of facemasks), the world's best hope…
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By Kevin E. Noonan — The pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is the most severe since the 1918 influenza pandemic (colloquially known as the Spanish Flu; see, J. Barry, The Great Influenza: The Story of the Deadliest Pandemic in History, Penguin Books; Revised ed. edition (October 4, 2005)). The geographic…
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By Kevin E. Noonan — The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent in that precedent, raises questions regarding the value of having a "specialized" Circuit Court for the purpose of harmonizing U.S. patent…
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August 23, 1891 WASHINGTON, DC In a unanimous panel ruling, the Federal Circuit has found that the calculating machine of U.S. Patent No. 388,116 fails to meet the eligibility requirements of 35 U.S.C. § 101. Inventor W.S. Burroughs of St. Louis described the machine as "mechanically assisting arithmetical calculations." Particularly, it includes "one or more…
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