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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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…
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The Knowledge Group will offer a live webcast entitled "Patent Term Adjustment: 2015 Final Rules" on May 27, 2015 from 3:00 to 5:00 pm (ET). Mark Thronson of Dickstein Shapiro LLP; Robert Irani of Bennett Jones; and John C. Donch, Jr. of Volpe and Koenig, PC will review and discuss the nuances and changes in…
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By Andrew Williams — The Supreme Court will hear oral arguments in Medtronic Inc. v. Boston Scientific Corp. on Tuesday, November 5, 2013. The sole issue to be determined is whether the burden of proof shifts in a declaratory judgment action brought by a licensee under MedImmune, such that the licensee has the burden to…
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