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: August 2022
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By Kevin E. Noonan — The consequences of expressly recited claim limitations and how patentees can be held to these limitations was illustrated in the Federal Circuit's recent decision in Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc. The case arose in ANDA litigation over Eagle's application to market a generic version of Par's Vasostrict® product,…
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By Kevin E. Noonan — Last year, the Supreme Court declined an invitation to abrogate the doctrine of assignor estoppel by an assignor sued for patent infringement in Minerva Surgical v. Hologic. Nevertheless, the Court followed its proclivities and vacated the Federal Circuit's opinion based on how the appellate court applied the doctrine and remanded. …
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By Kevin E. Noonan — A little more than three years ago, the Federal Circuit rejected the University of Minnesota's contention that LSI was barred from bringing (and the Patent Trial and Appeal Board barred from hearing) an inter partes review of certain University-owned patents under the sovereign immunity doctrine; see "Regents of the University…
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August 15 to 18, 2022 – IP Attaché Roundtables (U.S. Patent and Trademark Office's) – 12:00 pm to 1:30 pm CT August 16, 2022 – "Innovative Programs for Diversifying the Patent Bar" (Intellectual Property Owners Association) – 2:00 pm to 3:00 pm (ET)
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The U.S. Patent and Trademark Office's Intellectual Property Attaché Program will be offering a series of IP Attaché Roundtables from August 15 to 18, 2022. Each roundtable will be held from 12:00 pm to 1:30 pm CT. The USPTO IP attachés will discuss the following topics: • A sample of international posts• Their day-to-day roles•…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Innovative Programs for Diversifying the Patent Bar" on August 16, 2022 from 2:00 pm to 3:00 pm (ET). Michelle Bugbee of Eastman Chemical Company; Braxton K. Davis of the National Council on Patent Practicum; Ayana Marshall of Harrity & Harrity, LLP; and Tim…
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As promised in our earlier post (see "Professor Sarnoff Provides His Perspective on Tillis Bill"), here we turn to Professor Joshua Sarnoff's thoughts on the portions of Senator Thom Tillis' (R-NC) bill regarding diagnostic method patents. Those thoughts were presented in abbreviated form in the earlier post because we did not have the space the…
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Patent Docs has always ascribed to the notion that respectful debate is good for most issues, and with the adage that if you are dumb, it's best to surround yourself with smart people and if you are smart surround yourself with smart people who disagree with you. In that spirit we give our readers the…
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The IP Law Section of the California Lawyers Association will be presenting a virtual conference on Tuesday August 30th entitled "The Patent Office Comes to California." The program will run from 8:15 am until 5:15 pm PDT. Sessions will include: • The Interplay Between EPO Proceedings, The Unitary Patent, and the Unified Patent Court• Tips…
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By Kevin E. Noonan — On July 18th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings interferences between ToolGen Inc. (Senior Party) and Junior Party The Broad Institute, Massachusetts Institute of Technology, and The President and Fellows of Harvard College (collectively, "Broad," Interference No. 106,126) and Junior Party The Regents of the University…
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