Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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By Kevin E. Noonan — Having heard oral argument at a hearing held on Monday, May 18th, the Patent Trial and Appeal Board today entered its decision on these motions 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…
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By Kevin E. Noonan — Patent law (and, consequently, patent lawyers) can be viewed as having at least a slightly tighter tether on concrete, factual reality than other areas of the law, at least to the extent that making patent-related legal arguments are more fact-specific. This can cause some interesting contrasts when addressing arguments to…
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September 17, 2019 – "Best Practices for Patenting Chemical and Material Compositions" (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) September 17, 2019 – "A Primer on the Laws of Cannabis, Marijuana and CBD" (Loeb & Loeb LLP) – 1:00 to 2:00 pm (ET) September 19, 2019 – "Trending Issues…
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By Kevin E. Noonan — Sherry Knowles, former chief patent counsel of GlaxoSmithKline, and Dr. Anthony Prosser, a member of her team at Knowles Intellectual Strategies LLC, have written an article recently published in The John Marshall Review of Intellectual Property Law entitled "Unconstitutional Application of 35 U.S.C. 101 by the U.S. Supreme Court." The…
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By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101. On the same day, the USPTO also published the latest in its series of examples of how this application of the §…
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By George "Trey" Lyons, III, Nicole Grimm, and Brett Scott — This morning, Canada became the second country in the world to legalize cannabis across the board.[1] As much of the world wonders what will become of this "national experiment," many of us in the IP industry contemplate the impact Canada's legal landscape will have…
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By Michael Borella — One of the more frustrating aspects of the current judicial patent eligibility framework is the propensity for courts, even the Federal Circuit, to carry out the two-part test from Alice Corp. v. CLS Bank Int'l in a conclusory fashion. When this occurs, the claims under review are most likely going to be…
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By Kevin E. Noonan – The Patent Trial and Appeal Board was seemingly sufficiently vexed over the question of whether the St. Mohawk Indian Tribe was entitled to have the Board dismiss, on grounds of sovereign immunity, inter partes reviews on patents the Tribe licensed from Allergan (see "Mohawk Nation Exercises Sovereign Immunity in Inter Partes…
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Claims Lacking Details Found to be Directed to Patent-Ineligible Subject Matter By Joseph Herndon — In the U.S. District Court for the District of Utah (Central Division), Polar filed a motion for judgment on the pleadings contending that certain claims of U.S. Patent No. 6,701,271 (owned by Icon Health & Fitness) are directed to patent-ineligible…
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By David Puleo* and Anthony D. Sabatelli** — Introduction Cancer immunotherapy or immuno-oncology (I-O) has gone mainstream. You may have heard about these topics in the media. Along with having surgery and radiation therapy, Former President Jimmy Carter was treated with the monoclonal antibody pembrolizumab (Keytruda®) that stimulated his immune system to fend or fight…
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