Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Patent Trial and Appeal Board
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By Kevin E. Noonan – The Federal Circuit dismissed an appeal from an unsuccessful challenger in an inter partes review (IPR) proceeding based on failure to satisfy the standing requirements for appeal in Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, Inc. The case arose in an IPR over U.S. Patent No. 10,149,820, directed to compositions and methods for…
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By Kevin E. Noonan — In its contingent cross-appeal from the Patent Trial and Appeal Board's (PTAB) adverse decision on priority against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Senior Party Broad Institute, Harvard University, and MIT (collectively,…
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By Kevin E. Noonan – In its appeal from an adverse decision on priority by the Patent Trial and Appeal Board (PTAB) in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed on May 19th its Response and Reply Brief to…
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By Kevin E. Noonan – One of the many criticisms of the post-grant review proceedings instituted by the Leahy-Smith America Invents Act, both post-grant review (PGR) available within 9 months of patent grant based on all provisions of the Patent Act and inter partes review (IPR) throughout the entire term of the patent but limited to…
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By Kevin E. Noonan – Two amici have filed briefs in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad")…
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By Kevin E. Noonan – The decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") sixteen months ago in the latest CRISPR interference No. 106,115…
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By Jonathan Stroud* In der Beschränkung zeigt sich erst der Meister,Und das Gesetz nur kann uns Freiheit geben.[1] — Johann Wolfgang von Goethe, Das Sonnett[2] More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings.[3] Congress could hardly have been more explicit. The provisions were debated over a decade.[4] …
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By Kevin E. Noonan – The decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") sixteen months ago in the latest CRISPR interference No. 106,115…
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By Michael Borella and Ashley Hatzenbihler — There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1] This has resulted in the general understanding that there are "easy" examiners and "tough" examiners. Naturally, there is little complaining about "easy" examiners (until you are defending…
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By Kevin E. Noonan – On December 14th*, the Patent Trial and Appeal Board rendered its decision on Preliminary Motions in Interference No. 106,133 between Senior Party Sigma-Aldrich and Junior Party The Broad Institute, Harvard University, and MIT (collectively, "Broad"). To recap, the Board granted leave for Junior Party Broad to file its proposed Substantive Preliminary…
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