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Novartis Wins Appeal for First Biosimilar to Go On Sale in US
Novartis International has won FDA approval for a biosimilar of an existing drug. The drug, a copy of Amgen’s Neupogen, is designed to boost white blood cell counts in certain patients. An abbreviated FDA approval pathway for biologic medical products that share most of their properties with an existing, approved biologic product was created by […]
Important Trademark Decision May have Implications for Patent Law
In B&B Hardware v. Hargis Industries, the U.S. Supreme Court held that a decision from the Trademark Trial and Appeal Board (TTAB) can prevent a district court from re-judging issues that have already been decided by the TTAB’s decision, if the “ordinary elements” of issue preclusion are met. This is despite the fact that the […]
Constitutional Challenge to IPRs Stalls
A lawsuit filed against the USPTO by the eCharge corporation seeking a declaration that parts of the America Invents Act are unconstitutional has stalled. Specifically, eCharge claimed that the inter partes review process unconstitutionally denied them their right to have their patent claims adjudicated by an article III (non-administrative) court. The judge found that eCharge […]
IACC Applauds the Confirmation of Daniel Marti as the next IP Enforcement Coordinator
The IACC is pleased to announce that Daniel Marti’s long awaited confirmation as the next U.S. IP Enforcement Coordinator (IPEC) was finalized Monday evening with a 92-0 vote by the full Senate. The U.S. IPEC position was created under the PRO-IP Act of 2008 in order to raise the profile and importance of intellectual property […]
Federal Circuit Restricts Patent Exhaustion Doctrine
In Helferich Patent Licensing v. NYTimes and JCPenney, the Federal Circuit restricted the scope of the patent exhaustion doctrine by holding that the doctrine only protects “authorized acquirers” of a device against patent infringement claims instead of putting the device itself outside the scope of patent protection. In Helferich, the Helferich company owned patents on […]
Federal Circuit Issues First IPR Opinion
The Federal Circuit has issued its first opinion from an appeal on the merits of an inter partes review, In re Cuozzo Speed Techs. In In re Cuozzo, the court held that the decisions of the USPTO to institute an IPR are final and cannot be appealed to the Federal Circuit, and that the USPTO’s […]
First Ever AIA Post-Grant Review Proceeding Ends In Settlement
The first post-grant review proceeding requested after the procedure was created by the America Invents Act has been settled by the parties. The patent at issue, covering methods used to make bracelets and specifically a plastic “Rainbow Loom” bracelet, was alleged to be defective because of inadequate written description. The post-grant review procedure available under […]
Federal Circuit Upholds Willful Infringement Finding Despite Defendant’s Invalidity Defense
In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. 14-1114 – 2015-01-13, the Federal Circuit upheld a district court decision finding willful infringement. To find willful infringement, “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid […]
Federal Circuit Upholds Willful Infringement Finding Despite Defendant’s Invalidity Defense
In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. 14-1114 – 2015-01-13, the Federal Circuit upheld a district court decision finding willful infringement. To find willful infringement, “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” In re Seagate […]
Deputy Commissioner for Trademarks Mary Denison Appointed as New Commissioner
In December last year Mary Boney Denison was appointed as the new Commissioner for Trademarks at the United States Patent and Trademark Office (USPTO) effective January 1, 2015. Since June 2011, Denison has served as the Deputy Commissioner for Trademark Operations, where she has been responsible for USPTO trademark application, legal examination and registration processes. She has […]
Supreme Court Adopts More Deferential Standards For Claim Construction
In Teva Pharmaceuticals v. Sandoz, the U.S. Supreme Court adopted standards for claim construction that are more deferential to the claim constructions formulated by trial courts. Previously, the constructions of patent claims made by lower courts would be reviewed de novo in their entirety by the Federal Circuit and other appellate courts, which created a […]
Induced Infringement Does Not Require Multiple Parties
In Promega Corp. v. Life Technologies Corp. (13-1011), a split Federal Circuit found that LifeTech did infringe the Tautz patent, which claimed a process for examining DNA samples. Promega is an exclusive licensee of the patent. LifeTech produced a component for a genetic testing kit in the U.S. and shipped the component to an overseas subsidiary, where […]
2015 Special 301 Review: Request for Public Comment and Announcement of Public Hearing
The United States Trade Representative (USTR) is now accepting public submissions from interested persons to be used in conducting the 2015 “Special 301” review of the intellectual property rights (IPR) practices of foreign countries. Each year the USTR leads an interagency process to identify the foreign countries that deny adequate and effective protection of IPR […]
Federal Circuit Finds Internet-centric Claims Patent Eligible
While many recent cases have found claims patent-ineligible in light of Alice Corp. v. CLS Bank, a split Federal Circuit has ruled that the claims at issue in DDR Holdings, LLC v. Hotels.com, L.P. (13-1505) are in fact patent eligible. The claims related to a system for retaining visitors on a website. Judge Chen noted that the claims do […]
Supreme Court to Reconsider Royalties After Patent Expiration
The Supreme Court has agreed to hear Kimble v. Marvel Enterprises, Inc. The case revolves around whether royalty payments can be required under an agreement after a patent has expired. Current Supreme Court precedent in Brulotte v. Thys Co. 379 U.S. 29 (1964), held that patent license agreements with continued royalty obligations after the expiration of the patent […]