Patent Law Weblog
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- 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
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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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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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