• USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals

    On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Circ. 2018). The memo indicates that it is intended to “addresses the limited question of how to evaluate the patent eligibility of ‘method of treatment claims’ in light of the Federal Circuit decision in Vanda” and also states, perhaps in a nod to the leadership…

    Continue Reading ...
  • Inside Views: Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US)

    If the Federal Circuit will not correct its misplaced jurisprudence, then it is time for the Supreme Court to correct course, and bring into line the Federal Circuit’s IPR standing to appeal jurisprudence, with the Supreme Court’s (and other Circuits’) more forgiving law of allowing petitioners whose petitions are denied, to challenge such denials, particularly when Congress has set forth reasonable conditions, like Section 319, upon which such challenge is to occur, write Charles Macedo, Chandler Sturm, and James Howard.

    Continue Reading ...
  • FTC v. Actavis: Where We Stand After 5 Years

    It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market could have “significant anticompetitive effects” and violate the antitrust laws. What has happened in these five years? For starters, the number of “pay for delay” settlements (involving payment and delayed entry) has declined.

    The post FTC v. Actavis: Where We Stand After 5 Years…

    Continue Reading ...
  • Life Sciences Court Report

    By Bryan Helwig — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Fresenius Kabi USA, LLC v. Eurohealth International Sarl 1-18-cv-00835; filed June 1, 2018 in the District Court of Delaware • Plaintiffs: Fresenius Kabi USA, LLC and Fresenius Kabi Deutschland GmbH • Defendant: Eurohealth International Sarl Claim: Infringement of U.S. Patent Nos. • 9,248,229: ″Packaging System for Oxygen-Sensitive Drugs″ • 9,731,082: ″Drug Container″ Synopsis: Fresnius claims infringement of the ′082 and ′229 patents. Fresenius owns all rights, title, and interest…

    Continue Reading ...
  • Conference & CLE Calendar

    June 19, 2018 – “Protecting Software as a Medical Device: Patents, Design Patents and Trade Secrets” (Strafford) – 1:00 to 2:30 pm (EDT) June 19, 2018 – “The Influence of PTAB Proceedings on Bio/Pharma Patents” (Illinois Biotechnology Innovation Organi…

    Continue Reading ...
  • Helping Protect US Drug Patents with the Hatch-Waxman Integrity Act

    Senator Orrin Hatch has been a central figure in essentially all patent legislation over the past 40 years (he joined the Senate in 1977).  As he nears retirement (Jan 2019), Hatch has proposed one additional change — an amendment to provide pharma with some protection from Inter Partes Review challenges titled the Hatch-Waxman Integrity Act of 2018.

    The basics of the amendment is that the results of an IPR/PRG proceeding cannot serve as its Paragraph IV certification that the patent is invalid.  A parallel provision is designed for biologics under the BCPIA.

    In addition, the provision would modify the Securities Exchange Act to make it a manipulative or deceptive trade practice to an IPR petition and short-selling the patent owner’s stock within 90-days (before or after).

    More info from the Senator.

    Continue reading Helping Protect US Drug Patents with the Hatch-Waxman Integrity Act at Patently-O.

    Continue Reading ...
  • 傾斜した



    $$ One or more conventional planar mirrors angled towards the imaging device may be used. / 撮像装置に向って傾斜した一つまたはそれ以上の従来の平面鏡を使用することができる。(USP7579596)

    $$ In contrast to the previous two embodiments, the third embodiment does not employ overlapping angled turfed edges. / 先の二つの実施形態とは対照的に、第3の実施形態は、傾斜した重複する芝縁部を利用しない。(USP7090586)

    $$ If force is applied at an angle to said axis then damage can result. / 前記軸線に対して傾斜した力が加えられると、損傷が生じる。(USP8079498)

    $$ The use of an inclined surface is advantageous in that a user, when rotating the cap towards a closed position, will simultaneously urge the cap downwards. / 傾斜した面を適用する場合には、使用者がキャップを閉鎖位置に向けて回転させる際に、同時にキャップを下方に付勢させる上で、便利である。(USP8479935)

    $$ A further disadvantage consists in that due to the inclined arrangement this seal is relatively rigid and therefore not very good in adjusting in lateral direction. / さらに別の不利益は、傾斜した配置のためにこの密閉体が比較的硬質であり、それゆえ横方向における調整が極めて良好であるとは言えない、ということである。(USP8393483)

    $$ Generally it will be seen that the mat can be adhered to horizontal, vertical or upside down surfaces or any other inclination of surface. / 概して、マットは水平に、垂直にまたは裏返しの表面またはどのような傾斜した表面にも付着することができる。(USP8251340)

    $$ The arms give the seal a unique feature which enables the sealing element to be self levelling sealing against uneven and or sloping door threshold arrangements. / アームは、シーリング要素が、平坦でないおよび/または傾斜したドアの敷居構成に対して自己水平化シーリングを可能にする独特の特徴をシールに与える。(USP8925250)

    $$ Tests show that with two transponders mounted at the loop width (30 cm), and sloping outwards from the top down, the detection width is increased from 30 cm to 45 cm. / 試験により、ループ幅(30cm)で搭載され、かつ、上から下に外側へ傾斜した2つのトランスポンダを用いることで、検知幅が30cmから45cmに増加することが示された。(USP8386111)

    $$ The elongate features may be defined by an array or pattern of short lines or flecks that collectively define elongate sloped features. / 長い特徴部は、集合的に長く傾斜した特徴部を定める短いラインや小片の列やパターンによって定めることもできる。(USP8215582)

    $$ In either case, the conditions are specifically selected and controlled to ensure that sloped sidewalls are defined. / どちらの条件も、傾斜した側壁が確実に形成できるように選定されたものである。(USP7598149)

    $$ With a raked shear blade the distance the shear blade has to move is the thickness of the material plus the width of the material multiplied by the tangent of the rake angle. / 傾斜した剪断刃では、剪断刃が動かなければならない距離は、材料の厚さと、傾斜角のタンジェントで材料の幅を乗算したものとを足したものである。(USP8505426): raked

    $$ In this embodiment, the spray electrode has a front surface at the spraying end, the front surface having rounded edges and being disposed at an oblique angle to the longitudinal axis of the spray electrode, thereby providing the focus. / この実施形態では、スプレー電極はスプレー端部に前面部を有し、該前面部は丸い縁部を有し、且つスプレー電極の縦軸に対して傾斜した角度に配置され、その結果、集中点を提供する。(USP8490898): oblique

    $$ FIG. 9 illustrates the structure of FIG. 7, but with the seat pan having been tilted upwards into the "Delta 2" position; / 図9は、座部が前方に傾斜した「デルタ2」位置にあるときの図7の構造を示す。(USP8157326): tilted

    $$ The first profile is thought to be more suitable for use with larger bevelled tablets 20 whereas the second profile is better suited to small items 21. / 前記第一の形状は大きな傾斜した錠剤20の用途により適し、前記第二の形状は小さな製品21により適していると考えられる。(USP8099929): bevelled


    Continue Reading ...
  • Inside Views: Deference, Not Delegation! – WIPO PCT Negotiations

    A new PCT Proposal seeks to amend the PCT Regulations so as to provide Member States to enter into a voluntary or opt-in arrangement that would allow such Member state to ‘outsource’ it’s patenting mechanism to another country/ regional treaty office even if it is not a member of such regional treaty. However, a patenting office with a full-fledged examination cadre acts a core component in capacity building for the Member State and serves to protect against imposition of TRIPs plus provisions by being an active part of the national policy discourse. Instead of opting in for full-fledged ‘outsourcing’ of their patenting function, it may be a better idea (in the long term) to develop their internal patent office cadre, develop appropriate IP policies best suited to their stage of development and at the same time, giving deference to the patenting decisions of like-minded countries. Developing countries will stand to benefit more by showing deference to decisions of like countries, rather than delegating the power to make those decisions. By granting a Contracting state the power to grant and reject patents of another State, this proposal could tantamount to introducing substantive patent law provisions through the backdoor: an endeavour to harmonize substantive patent law that the WIPO has failed to achieve over the years.

    Continue Reading ...
  • CBS Sunday Morning on June 17, 2018 forecasts US Patent 10,000,000

    The CALENDAR feature of “CBS Sunday Morning” on 17 June 2018 stated that the USPTO will issue US Patent Number
    10,000,000 on Tuesday, 19 June 2018.

    Although there was no ALMANAC feature, artist M.C. Escher was featured on the anniversary of his birth
    (17 June 1898). There is an exhibition of Escher’s work at Brooklyn’s Industry City. His drawings are used to illustrate group theory.

    There were various features related to Father’s Day, including ones related to fathers who had connection to CBS (Gavin Boyle, Senior Producer; Lane Venardos, former CBS News executive).

    There was a “history lesson” by Steve Hartman, who discussed work by Sarah Haycox on Edwin T. Pratt. Although the viewer might have come away with the impression that Pratt had been a forgotten man, there is both a park and a cultural center in Seattle named in his honor. Further, at the time in January 1969, when Pratt was murdered at age 38, there was significant news coverage, and the FBI was involved in the investigation of his death.

    There was a piece by David Martin on Seymour Hersh, who has a new book “Reporter: A Memoir” (Knopf). Hersh has a history degree from the University of Chicago, and was admitted to the Law School at the University of Chicago, but did not graduate. There has been some discussion of his work, including the book on Kennedy, The Dark Side of Camelot.

    The moment of nature was at Komodo National Park in Indonesia, which video featured a sharp shift from dragons to turtles and fish. The photography was more dramatic than the usual moment of nature.

    One reference to Chicago Law in Hersh’s new book, relating to his “break-through” story on Calley:

    Latimer, speaking very deliberately, as he always did, acknowledged that yes, Calley was his client and it was a miscarriage of justice. Touchdown. I told the judge I was flying to the West Coast soon and asked if he would mind if I arranged a stopover in Salt Lake City. We settled on a day in early November. I had no need to go to the West Coast but thought it best to hide my eagerness. I also spent half a day in the Pentagon library reading a number of the judge’s decisions, and even briefing a few of them; it was a reminder of what I did not do enough of during my underachieving year at the University of Chicago Law School.

    Continue Reading ...