
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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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "The Shifting Landscape of Bio/Pharma Litigation: The Influence of PTAB Proceedings" on September 20, 2016 from 10:00 am to 11:15 am (CT). In this presentation, MBHB attorneys Alison J. Baldwin and Paula S. Fritsch, Ph.D. will discuss the following topics: • A…
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Strafford will be offering a webinar/teleconference entitled "Drafting and Prosecuting Patent Applications to Withstand PTAB Scrutiny — Building Reasonable Claim Construction to Avoid Unpatentability and Using Declarations to Survive Post-Grant Proceedings" on September 1, 2016 from 1:00 to 2:30 pm (EDT). Anthony M. Gutowski, Thomas L. Irving, and John M. Mulcahy of Finnegan Henderson Farabow…
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By Kevin E. Noonan — The Federal Circuit had the occasion to revisit the proper application of the on-sale bar under 35 U.S.C. § 102(b) in Merck & Cie v. Watson Laboratories, Inc., ANDA litigation over claim 4 of U.S. Patent No. 6,441,168, which reads: A crystalline calcium salt of 5-methyl-(6S)-tetrahydrofolic acid [MTHF] with 2 theta…
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By Donald Zuhn –- In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of twenty-two amicus briefs have been filed encouraging the Court to grant certiorari. Amicus briefs were due on April…
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U.S. Patent to Consumer Marketing, Based on Avatar Choices, Survives § 101 Challenge By Joseph Herndon — On March 22, 2016, the U.S. District Court for the District of Delaware issued a Memorandum Opinion in a case captioned Treehouse Avatar LLC v. Valve Corp., in which software patent claims survived a patent eligibility challenge. Treehouse…
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By Andrew Williams — It has been some time since we have heard serious discussions about patent reform legislation from Congress. Sure, the Innovation Act (H.R. 9) is still pending in the House, and the Patent Act (S. 1137) is still pending in the Senate. But even though these bills resemble the Innovation Act (H.R.…
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Strafford will be offering a webinar/teleconference entitled "Structuring Patent Licensing Agreements: Avoiding Litigation, Allocating Risk and Maximizing Patent Value" on March 24, 2016 from 1:00 to 2:30 pm (EDT). John M. Augustyn of Leydig Voit & Mayer and Peter J. Toren of Weisbrod Matteis & Copley will prepare IP counsel to craft effective patent licenses…
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The gut microbiome, a collection of microbes living in the gastrointestinal tract, has emerged as an attractive target for pharmaceutical intervention for the treatment of a variety of disorders. This is the fifth article in a series on advancements in microbiome research and development. This installment will summarize issued U.S. microbiome-based patents that describe therapies…
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This is the third article in a series on advancements in microbiome research and development. This installment reviews the area of microbiome research known as the "gut-brain-axis" and therapies related thereto, which have been dubbed "pyschobiotics." Upcoming articles will continue to review important topics in this technology area, and patents of interest. By Jessica Miles*…
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Strafford will be offering a webinar/teleconference entitled "Patent Infringement Letters: Considerations and Best Practices for Senders and Recipients — Patent Holder Strategies for Leveraging Letters and Avoiding DJ Actions; Defense and Response Strategies for Alleged Infringers" on June 18, 2015 from 1:00 to 2:30 pm (EDT). Kirupa Pushparaj, Head IP Counsel, Square and Bobbie Wilson…