• The Difficulty of Changing Statutes

    As we continue to transition to patent prosecution under the AIA, many of us have made misstatements drawn from the substantial rewriting of 35 U.S.C. 102.  Its nice to see we are in good company. Earlier this summer, the Federal Circuit decided Helsinn v. Teva – its first foray into interpreting the amended prior art definitions […]

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  • Federal Circuit declares Regeneron patent unenforceable due to inequitable conduct

    The Federal Circuit issued a decision in Regeneron Pharmaceuticals, Inc. v. Merus N.V. upholding the determination that the patent owned by biotech firm Regeneron was unenforceable. The decision affirmed a lower court’s finding based on Regeneron’s inequitable conduct during prosecution of the patent at the U.S. Patent and Trademark Office (USPTO), which was the result of the withholding of references from the USPTO that had but-for materiality. The patent, which the Federal Circuit deemed…

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  • Conference & CLE Calendar

    July 31, 2017 – “Improve the Quality of Invention Disclosures through Researcher Outreach and Education” (Technology Transfer Tactics) – 1:00 to 2:00 pm (Eastern) August 2, 2017 – Biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting…

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  • Troubled Federal Circuit Hobbles US Patent System

    It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.

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  • Important Inequitable Conduct Case: Hybrid Prosecution/Litigation Misconduct

    Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Federal Circuit 2017) In a split decision, the Federal Circuit has affirmed a S.D.N.Y. judgment – finding Regeneron’s U.S. Patent No. 8,502,018 unenforceable based upon inequitable conduct during prosecution.   The inequitable conduct allegation here follows the typical pattern – the patentee failed to submit four relevant prior art references.  The majority opinion was penned […]

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  • COORDINATE 座標

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    COORDINATE 座標

    $$ For example a photodetector could be provided for detecting when the head of a coordinate positioning machine is in the vicinity of t…

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  • Congressman Darrell Issa: A well-financed ally of the efficient infringer lobby

    With all of this money, it seems the efficient infringer lobby has managed to find an unlikely ally in Congress — someone who made his money as an innovator who defended his patents as a patent plaintiff, which apparently makes him a patent troll. At the end of the day, it may not be entirely fair to characterize Congressman Darrell Issa as a patent troll. Instead, he seems more of a swamp creature of the type that President Trump campaigned against. An individual who has fed from those who…

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  • Why are these people giving testimony to Congress on patent reform?

    Why does Mapbox’s viewpoint on patent litigation echo in the halls of Congress given the fact that it doesn’t appear that it has faced abusive patent litigation? In fact, it almost looks like there is no merit to Lee’s statement that “Mapbox has had multiple experiences with patent trolls: non-practicing entities who file meritless lawsuits that are cheaper to settle than to defend.” Mapbox certainly hasn’t had multiple experiences with lawsuits… The one patent case Mapbox has faced as a…

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  • Petitions for rulemaking

    The case of Flyers’ Rights v. FAA caught my eye today, as I am a tall person who is ever-aware of the shrinking amount of leg room on airline flights.  In Flyers’ Rights, the appellant appealed to the D.C. Circuit after the FAA denied Flyers’ Rights petition for a rulemaking by the FAA.  The proposed […]

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  • Webcast on Patent Exhaustion

    The American Law Institute (ALI) will be offering a telephone seminar/audio webcast entitled “After Lexmark: Patent Exhaustion Is Not Optional” on August 3, 2017 from 12:30 – 1:30 pm (EDT). Ira Blumberg of Lenovo; Neer Gupta of Verizon; and Elizabeth S. Weiswasser of Weil, Gotshal & Manges LLP will discuss the implications for protecting product sales and pricing after the U.S. Supreme Court’s latest foray into patent law in Impression Products, Inc. v. Lexmark International, Inc. Topics to be covered during the webcast include: • development of the law of patent exhaustion • summary of the Lexmark case • unanswered…

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  • Webinar on Joint Development and Patent Licensing

    Technology Transfer Tactics will be offering a webinar entitled “Opportunities and Pitfalls in Joint Development and Patent Licensing under the AIA” on August 3, 2017 from 1:00 to 2:00 pm (Eastern). Andrew Baluch and Chris Paschall, Director of Licensing – Life Sciences, Ohio State University will clarify the risks and benefits facing universities and their industry partners seeking to license jointly developed innovations. The webinar will cover the following topics: • Understanding how the CREATE Act led the way for evolution to the AIA • Overcoming Prior Art Based on Joint Inventorship [35 USC 102(b) exceptions] • Overcoming Prior Art…

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  • USPTO Invention-Con 2017

    The U.S. Patent and Trademark Office will be hosting Invention-Con 2017, the Office’s Independent Inventors Conference, on August 11-12, 2017 on the USPTO campus in Alexandria, VA. During the free conference, attendees can attend plenary talks, participate in topic specific small-group breakout sessions, and hear from USPTO officials and experts who will present information on patents, trademarks, and other intellectual property (IP) matters and topics of interest to small businesses. Patent topics to be covered during the conference include: • The types of patent applications that you may file, including search tips prior to filing, requirements for claims and drawings,…

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