Patent Law Weblog
recent posts
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
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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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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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