• Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

    On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by Indianapolis, IN-based drugmaker Eli Lilly & Company (NYSE:LLY). This decision ends an inter partes review (IPR), which was initially petitioned by Chicago, IL-based generic pharmaceutical firm Neptune Generics to challenge a patent covering Alimta, a drug approved by the U.S. Food and Drug Administration (FDA) as a treatment for patients…

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  • Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

    On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by Indianapolis, IN-based drugmaker Eli Lilly & Company (NYSE:LLY). This decision ends an inter partes review (IPR), which was initially petitioned by Chicago, IL-based generic pharmaceutical firm Neptune Generics to challenge a patent covering Alimta, a drug approved by the U.S. Food and Drug Administration (FDA) as a treatment for patients…

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  • Patent Attorney DIY: ModustrialMaker

    I really enjoy Patent Attorney Mike Clifford’s high quality YouTube channel modustrialmaker – highlighting his “modern industrial DIY projects.” The channel now has more than 30,000 subscribers and 1 million views. YouTube Channel Clifford at MBHB The video below shows his latest work – a white concrete table with a live-edge maple inlay.  After watching the video, I do feel enabled […]

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  • Clock Ticking For WIPO Assembly To Agree On Budget, Design, Genetic Resources

    This morning no breakthroughs were reported by delegates chairing informal meetings to reach consensus before the end of the annual World Intellectual Property Organization General Assembly tomorrow. Agreement still has to be reached on the most political issues, such as the budget, the mandate of the committee on genetic resources and traditional knowledge, and where the next WIPO field offices will be hosted. Also under discussion is the composition of one of WIPO’s governing bodies, challenged by the Asia and Pacific Group, which wants more seats.

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  • Patents and Vertical Integration: A Revised Theory of the Firm

    I’m a big fan of Peter Lee’s work, and I’m a big fan of theory of the firm work. Imagine my joy upon seeing Prof. Lee’s new article, forthcoming in Stanford Law Review, called: Innovation and the Firm: A New Synthesis. This article is a really thoughtful, really thorough re-examination of patents and the firm. The abstract is here:

    Recent scholarship highlights the prevalence of vertical disintegration in high-technology industries, wherein specialized entities along a value chain transfer knowledge-intensive assets between them. Patents play a critical role in this process by lowering the cost of technology transactions between upstream and downstream parties, thus promoting vertical disintegration. This Article, however, challenges this prevailing narrative by arguing that vertical integration pervades patent-intensive fields. In biopharmaceuticals, agricultural biotechnology, information technology, and even university-industry technology transfer, firms are increasingly absorbing upstream and downstream technology providers rather than simply licensing their patents.

     This Article explains this counterintuitive development by retheorizing the relationship between innovation and the firm. Synthesizing previously disconnected lines of theory, it first argues that the challenge of aggregating tacit technical knowledge — which patents do not disclose — leads high-tech companies to vertically integrate rather than simply rely on licenses to transfer technology. Relatedly, the desire to obtain not just discrete technological assets but also innovative capacity, in the form of talented engineers and scientists, also motivates vertical integration. Due to the socially embedded nature of tacit knowledge and innovative capacity, firms frequently absorb entire pre-existing organizations and grant them significant autonomy, an underappreciated phenomenon this Article describes as “semi-integration.” Finally, strategic imperatives to achieve rapid scale and scope also lead firms to integrate with other entities rather than simply license their patents. The result, contrary to theory, is a resurgence of vertical integration in patent-intensive fields. The Article concludes by evaluating the costs and benefits of vertically integrated innovative industries, suggesting private and public mechanisms for improving integration and tempering its excesses.

    The abstract does a pretty complete job of explaining the thesis and arguments here, so I’ll make a few comments after the jump.

    This article begins with a fairly thorough literature review, beginning with Coase’s work and discussing economic and legal scholarship through today, including some of my favorite articles. This is a good article to read if you simply want to get a handle on the background in the area, and figure out where you should start.

    Much of the literature highlights the benefits of vertical disintegration (I like non-integration – it is not like these firms are falling apart), namely obtaining information and technology not within the firm’s skillset. But, if that’s true, why do we see so much vertical integration in patent intensive fields?

    The answer starts with tacit knowledge – the notion that patents do not disclose information inside the heads of inventors, and the only way to get that is through integration. The withholding of information can be deliberate (as I discuss in my book chapter on trade secret development incentives) or incidental, but either way, patent licenses and purchases are incomplete. Indeed, I have argued that portfolio licenses can be so devoid of information that they should be treated as securities, not information transfers. The article addresses this briefly, noting that patent purchases are often defensive, while firm purchases are often technological. As a result, firms are more likely to vertically integrate in the presence of tacit knowledge; this account builds on prior theory of the firm work in this area.

    One nice feature of this article is that it sets up a testable hypothesis: where patents contain all the relevant information then we should be more likely to see licenses, and where they do not then we should be more likely to see integration. Knowing the answer to this question might, for example, help identify strategic behavior in which firms refuse to license patents but the patents nevertheless disclose sufficient knowledge for transfer. It might also aid in evaluating acquisitions in which the purchased product is abandoned and/or the employees are not used. Tacit knowledge stories are harder to make in these cases, and the theory helps explain why.

    I look forward to seeing future responses to this important work.

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  • Hans Muhlberg and others on the Afro-IP Linkedin platform

    If you are a fan of Hans Muhlberg then be sure to follow him over on the Afro-IP Linkedin Group. For the benefit of readers on this platform here are some headlines to his posts over the last few weeks. Enjoy, they are always entertaining and insightful:

    NETFLIX: IS THIS THE WAY FORWARD?
    There’s been much talk about the Netflix trademark cease-and-desist letter, about how it may actually boost the brand. If you haven’t seen it the best bits follow (for the benefit of readers over 30, Stranger Things is a TV series, Dr Brenner is a ch…show more

    There’s talk of ‘food apartheid’ in Europe. According to The Guardian, some food products sold in Eastern Europe are of a lower quality than products sold in Western Europe under the same branding. In some cases the differences are so marked that pe.. show more.

    Have trademarks ever enjoyed so much media attention? Over the space of a few days we’ve had:
    Ridicule at Taylor Swift’s decision to register more lyrics and song titles as trade marks. Last time it was This Sick Beat and Cause we never go out of sty.. show more.


    Brexit, so many unexpected consequences. Even within the arcane field of trademarks: what will happen to all those EUTMs that presently cover the UK; more importantly, what will happen to all those UK trademark attorneys who presently cover the EU? .. show more

    The Afro-IP Linkedin Group is an open group inviting conversation from all of its 768 members. You can access it here.

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  • A TWIST in the tale: Not your typical cola war

    This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (originally as LEMON TWIST). Atlantic is the proprietor in South Africa of the TWIST, LEMON TWIST and DIET TWIST trade marks in relation to non-alcoholic drinks falling in class 32. PepsiCo applied to register the trade marks PEPSI TWIST and a PEPSI TWIST label, also in relation to non-alcoholic beverages in class 32… In…

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  • IP Attorney Nick Aires relocating to San Francisco to open Bird & Bird office

    IP partner, Nick Aires, who is currently based in Bird & Bird’s London office, along with Stefano Silvestri, partner and co-head of Bird & Bird’s International Corporate Group based in Milan, will relocate to San Francisco, giving US clients greater access to Bird & Bird’s international expertise in the same time zone.

    The post IP Attorney Nick Aires relocating to San Francisco to open Bird & Bird office appeared first on IPWatchdog.com | Patents & Patent Law.

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  • Mechanism To Assess Trade Agreements Needed, UN Forum On Access To Medicines Hears

    A mechanism to systematically assess trade agreements from a public health perspective, including accession agreements of the World Trade Organization and European Patent Office’s validation agreements is needed, says Ellen ´t Hoen, senior researcher at the Global Health Unit of the University Medical Centre, Groningen, The Netherlands. who publishes the Medicines Law and Policy website.

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  • Federal Circuit Questions Written Description For Antibody Claims

    The October 5, 2017 Federal Circuit decision in Amgen Inc. v. Sanofi is getting a lot of attention for its commercial impact, because the court vacated the permanent injunction that prevented Sanofi and Regeneron from marketing their cholesterol-lowering Praluent® (alirocumab) product, which will compete with Amgen’s Repatha® (evolocumab) product. But the decision also addresses several…… Continue reading this entry

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  • NIB 先端・尖端

                            目次はこちら

    NIB 先端・尖端

    –>tip

    $$ In the illustrated embodiment, the holder 110 includes a nib 112 adapted to snap-fittingly engage in a detent 114 on the body 102. / 示されている実施形態では、ホルダ110は、本体102の戻り止め114にスナップ嵌合するようになっている尖端112を含む。(USP8218401)

    $$ A clamp 90, such as that illustrated in FIGS. 14(a) and (b), could be bolted to the substrate using a bolt 92 screwed into a threaded hole (not shown) positioned beyond the outer margin of the second track 14 and, preferably without touching the second track strip 14, have a nib 94 that applies a clamping force to the scale 8. / 図14(a)および(b)に表されるように、クランプ90は、第2トラック14の外側縁を越えて、好ましくは第2トラックストリップ14に達しないで位置づけられている(示されない)ねじ孔にねじ込まれるボルト92を用いて基体にボルト留めされ得、スケール8に締め付け力を及ぼす先端部94を有し得る。(USP8141265)

    $$ The windscreen additionally comprises a composite edge attachment 26 and a nib seal 27 similar to those employed in the embodiment of FIG. 1. (USP5376443)

    $$ A central portion of each limb is crimped to form a laterally projecting contact nib 32, the two nibs being opposite each other. (USP5586646)

    $$ The roller balls 46 are hidden away inside the housing of the pen 4 adjacent the nib 44. (USP5774571)

    $$ The nib switch is a simple on/off switch connected to determine when pressure is being applied to the pen nib and can therefore detect when a pen for stylus 1 is writing. (USP7054510)

                            目次はこちら

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  • Native Americans Set to Save the Patent System

    Native American tribal sovereign immunity thwarts both of these dilatory infringer tactics and repositions the negotiation to where it needs to be – outside of the courthouse. The tribe can inform detailed information to the infringer of their infringement and offer to enter into licensing negotiations without fear of being subjected to a DJ Action. Thus, the tribe can inform the infringer of their infringement and unless the tribe sues the infringer, the infringer will not be able to play the…

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