Patent Law Weblog
recent posts
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
- United States Files Statement of Interest in Patent Infringement Proceedings
- Supreme Court Oral Argument in Hikma v. Amarin
- Enviro Tech Chemical Services, Inc. v. Safe Foods Corp. (Fed. Cir. 2026)
- Hikma v. Amarin: The Amici Speak – Part III
about
Category: Uncategorized
-
November 30, 2021 – "Trends in Patent Prosecution: Don’t Get Left Behind" (LexisNexis and IPWatchdog) – 2:00 pm (ET) December 2, 2021 – "The Intersection of Intellectual Property and International Arbitration: Quantum and Valuation (Part 1)" (Lexology, iam, GAR, and Charles Rivers Associates) – 8:00 am to 9:30 am (CST) December 3, 2021 – "PTAB…
-
By Kevin E. Noonan — The Federal Trade Commission carried out an (in)famous crusade against reverse payment (more provocatively, "pay for delay") settlements in ANDA litigation for almost a decade before eventually having the Supreme Court see things their way (to some extent) in FTC v Actavis. The Commission has not lost its enthusiasm for…
-
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…
-
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…
-
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…
-
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…
-
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 §…
-
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…
-
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…
-
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…
Patent Docs 